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Book fe 6 fy^ 



CONTESTED -ELECTION CASE 

OF 

SAMUEL W. BEAKES 

V. 

MARK R. BACON 

FROM THE 



SECOND CONGRESSIONAL DISTRICT 
OF MICHIGAN 




WASHINGTON 

GOVERNMENT PRINTING OFFICE 

1917 



CONTESTED-ELECTION CASE 



OF 



SAMUEL W. BEAKES 



MARK R. BACON 



FROM THE 



SECOND CONGRESSIONAL DISTRICT 
OF MICHIGAN 




WASHINGTON 

GOVERNMENT PRINTING OFFICE 

1917 



6 



o. 









D. of D. 

lUL n 191? 



\i 



CONTESTED-ELECTION CASE 



\ OF 

SAMUEL W. BEAKES V. MARK R. BACON, 

FROM THE 
SECOND COXGRESSIOXAL DISTRICT OF MICHIGAN. 



NOTICE OF CONTEST. 

To Mark R. Bacox. Esq., 

Wyandotte, Mich.: 

You are hereby notified that I intend to, and will, and hereby do contest your 
alleged election as Member of the House of Representatives froni the second "con- 
gressional district of the State of Michigan, in the Sixty-fifth Congress of the United 
States, and I intend to. and will, and hereby do contend that you were not the duly 
elected Representative of the said second congressional district' of the State of Michi- 
gan at the last general election, held in said district on the 7th day of November. 1918. 

And the following is a particular specification of the grounds upon which I as 
contestant herein rely in this contest: 

1. The second congressional district of the State of Michigan includes the counties 
of Jackson. Lenawee. Monroe. Washtenaw, and part of the county of WajTie. 

2._ In said district at the general election held November 7, 1913. 'l was the Demo- 
cratic candidate for Member of Congress from said district, you were the Republican' 
candidate for Member of ( ongress from said district. Frank E. Titus was the Prohi- 
bitionist candidate for said office, and Edward J. Koch was the Socialist candidate 
for said office. 

3. The several boards of county canvassers purported to determine the number of 
votes cast in the said several counties for the various candidates for said office as 
follows : 

Jackson County: 

Samuel W! Beakes 7, 893 

Mark R. Bacon 7, 075 

Frank E. Titus 205 

Edward J. Koch 191 

Lenawee County: 

Samuel W. "Beakes 5, 828 

Mark R. Bacon 5, 935 

Frank E. Titus 150 

Edward J. Koch , 75 

Scattering 1 

Monroe Countv: 

Samuel W. Beakes 4, 284 

Mark R. Bacon 3, 753 

Frank E. Titus 81 

Edward J . Koch 35 

AVashtenaw County: 

Samuel W. Beakes 5, 858 

Mark R. Bacon 5, 974 

Frank E . Titus 84 

Edward J. Koch 140 

Wa\Tie Countv: 

■ Samuel W. Beakes 3, 292 

Mark R. Bacon 4, 445 

Frank E. Titus 72 

Edward J. Koch 98 

3 



4 BEAKES VS. BACON. 

And the said several boards of county canvassers certified said determinations to 
the board of State canvassers. 

4. The board of State canvassers thereupon purported to determine the vote of the 
said entii-e district cast for the various candidates for the said office as follows: 

Samuel W. Beakes ' 27, 133 

Mark R. Bacon 27, 182 

Frank E. Titus 520 

Frank C . Titus 72 

Edward J. Koch 539 

Scattering 1 

So that it ajjpeared from the face of said determination of the board of State can- 
vassers, that you received forty-nin^e (49) more votes in said entire district than I 
received. 

5. By reason of mistake, accident, or fraud on the part of the board of election 
inspectors in the first precinct of the second ward of the city of Jackson, county of 
Jackson, in said district, there was an errorin counting the votes cast for the candidates 
for said office, whereby at least eighty-nine (89) votes duly and lawfully cast for me 
were wholly disregarded by the said board of election inspectors and were not counted 
for me, by reason whereof the number of votes counted for me in said county of Jack- 
son, and canvassed by the board of county canvassers of said county and certified 
to the board of State canvassers by the board of county canvassers of said county, was 
at least eighty-nine (89) votes less than the number of votes actually and lawfully 
cast in said county for me; and the correction of said error would show the total num- 
ber of votes cast for me in said county of Jackson to be at least seven thousand nine 
hundred and eighty-two (7,982). 

6. In the township of tlomulus, in Wayne County, in said district, by reason of 
mistake, accident or fraud on the part of the board of election inspectors, there was 
an error in counting the votes cast for the candidates for said office whereby at least 
ten (10) votes duly and lawfully cast for me were wholly disregarded by the said board 
of election insj^ectors, and were not counted for me, by reason whereof'the number 
of votes counted foi me in said county of Wayne, and canvassed by the board of county 
canvassers of said county, and certified to the board of State canvassers by the said 
board of county canvassers of said county, was at least ten (10) votes less than the num- 
ber of votes actually and lawfully cast in said county for me; and the correction of said 
error would show the total number of votes cast for me in said county of Wayne to be 
at least three thousand three hundred and two (3,302). 

7. In the township of Pittsfield, in the county of Washtenaw, in said district, by 
reason of mistake, accident, or fraud on the part of the board of election inspectors, 
there was an error in counting the votes cast for the candidates for said office whereby 
at least three (3) votes duly and lawfully cast for me were coimted by the said board 
of election inspectors as votes for you, by reason whereof the'number of votes counted 
for me in said county and canvassed by the board of county canvassers in said county, 
and certified to the board of State canvassers, or the said board of county canvassers, 
was at least -three (3) votes less than the number of votes actually and legally cast for 
me in said county, and the number of votes counted for you in said county and can- 
vassed by the board of county canvassers in said county and certified to the ])oard of 
State canvassers by said board of county canvassers was at least three (3) A'otes more 
than the number of votes actually and lawfully cast for you in said county; and the 
correction of said error would show the total number of votes cast for me in said county 
to be at least five thousand eight hundred and sixty-one (5,861) and the total numbei 
of votes cast for you in said county to be no more than five thousand nine hundred and 
seventy-one (5,971). 

8. By reason of the said several errors the total number of votes counted for me in 
said entire district was at least one hundred and two (102) votes less than the number 
of votes actually and lawfully cast for me in said district, and the numl^er of votes 
counted for you in said entire district was at least three (3) votes more than the num- 
ber of votes actually and lawfully cast for you in said district, and the determination 
of the board of State canvassers should have shown that I received at lesst twenty- 
seven thou.sand two hundred and tliirty-five (27,235) votes in said entire district, 
while you received no more than twenty-seven thousand one hundred and seventy- 
nine (27,179) votes, which would give me a plurality over you of at least fifty-six (56) 
votes in said entire district. 

9. I further represent, as a ground for my contest of your alleged election, that there ^ 
were at said election a large number of ballots counted as straight Republican' ballots/ 
which vv^ere in fact marked for me, and were lawful votes for me, but whicli were 



BEAKES VS. BACOjS'. 5 

counted lor you. and the following is a specification of the precincts and wards where 
said errors were made and the number of such votes which were improperly and 
unlawfully counted for you instead of being counted for me: 

In Jackson County: 

City of Jackson — 

First ward '. 5 

Second ward, second precinct 10 

Third ward . first precinct 6 

Tliird ward , second precinct 5 

Fourth ward, first precinct 6 

Fourth ward , second precinct 4 

Fourth ward , tliird precinct 3 

Fifth ward , first precinct 7 

Fifth ward . second precinct 6 

Fifth ward . third precinct 9 

Sixth precinct, first precinct 5 

Sixth ward , second precinct 7 

Sixth ward, tliird precinct 8 

Seventh ward . first precinct '. 3 

Seventh ward, second precinct 5 

Seventh ward . tliird precinct 4 

Eighth ward, first precinct 4 

Eighth ward, second precinct 7 

Township of — 

Concord 3 

Henrietta 1 

Hanover 1 

Leoni 2 

Napoleon 2 

Rives 2 

Spring Arbor '1 2 

Summit , first precinct 1 

Columbia, second precinct 1 

Sandstone 2 

Parma, first precinct 3 

124 
In Lenawee County: 
City of Adrian — 

First precinct 4 

Second precinct 8 

Third precinct 8 

Fourth precinct 1 

Fifth precinct 2 

Sixth precinct 4 

Township of — 

Adrian 2 

Blissfield 2 

Dover 6 

Fairfield — 

First precinct 3 

Second precinct 4 

Franklin 2 

Hudson — 

First precinct - - - - 2 

Second precinct 3 

City of Hudson — 

First ward 2 

Second ward 5 

Third ward 3 

Township of — 

Madison 7 

Ogden ^ 

Palmyra ^ 

Raisen ^ 

Ridgeway 2 

82 



6 BEAKES VS. BACON. 

In Monroe County: 
Township of — 

Ash 3 

Bedford 2 

Dundee — 

First precinct 3 

Second precinct 2 

Exeter 1 

Frenchtown 3 

Ida 3 

La Salle 12 

London "2 

Milan, first precinct 2 

Monroetown 2 

Raisenville 5 

Summerville . 3 

City of Monroe — 

First ward 2 

Second ward 3 

Third ward 5 

53 
In Washtenaw County : 

Township of — 

Ann Arbor ' 3 

Augusta 1 

Northfield 1 

Pittsfield 3 

Salem 6 

Saline ., 1 

Sharon 1 

Superior 1 

Webster 1 

York, second precinct 1 

Ypsilanti City — 

First ward 2 

Second ward 2 

Third ward 3 

Fourth ward 1 

Fifth ward 1 

Township of Ypsilanti 1 

- 29 
In Wayne County: 

Township of — 

Brownstone , first precinct .... 2 

Canton 1 

Ecorse, second precinct 3 

Grosse Isle 2 

Huron .' 3 

Taylor 2 

Plymouth, first precinct 4 

City of Wyandotte — 

First ward 1 

Second ward 3 

Third ward 3 

24 

10. By reason of the errors stated in the preceding paragraph I received in said 
entire district at least three hundred and thirteen (313) votes more than counted for 
me by the boards of election inspectors in said several election precincts, and you 
received at least three himdred and thirteen (313) votes less than were counted for 
you by said several boards of election inspectors. 

11. The count as so erroneously made in the said several election precincts was 
canvassed by the several boards of county canvassers, without correcting any of said 
errors, and by them certified to the board of State canvassers, and the determination, 
of the board of State canvassers of the entire vote cast for me in said district wa^ 

/ 
/ 



BEAKES VS. BACON. 7 

subject to all of the said errors, so that the determination of the said board of State 
canvassers should have shown, if corrected as to the errors stated in paragraph 9 of 
this notice, that I received in said entire chstrict twenty-seven thousand four hundred 
and forty-six (27,446) votes, and you received twenty-six thousand eight hundred and 
sixty-nine (26,869) votes. 

12. By reason of the, errors, mistakes, and illegalities specified above you did not 
in fact receive the highest number of legal votes cast at said election for Member of 
Congress from said district, but, on the contrary, I received the highest number of 
votes cast for any candidate for Member of Congress from said district at said election 
and was duly and lawfully elected to said office and am entitled to a seat in the 
House of Representatives as a duly and lawfully elected Member thereof. 

I further hereby notify you that -within such time as may be fixed by order of the 
House of Representatives, or such committee thereof as may have jurisdiction of this 
contest, I will, if so advised, amend this noti'ce and supplement it with such addi- 
tional reasons and grounds therefor as I may be advised. 

Samuel W. Beakes. 

Dated Ann Arbor, ^lich., January 8, 1917. 

State of Michigan, 

County of Washtenaw, ss: 
Leo J. Kennedy, of the city of Ann Arbor, Mich., being duly sworn, deposes and 
says that on Tuesday, the 9th day of January, 1917, he personally served a true copy 
of the above and foregoing notice of contest upon Mark R. Bacon by delivering said 
true copy of said notice of contest to the said Mark R. Bacon at the home of said 
Mark R. Bacon, in the city of Wyandotte, State of Michigan, said service having been 
made by deponent at about 6.15 o'clock p. m. of said day. 

Leo J. Kennedy. 

Subscribed and sworn to before me this 10th day of January, 1917. 

[seal.] ^ Frank B. De Vine, 

Notary Public. 
My commission exjDires December 29, 1919. 



ANSWER TO NOTICE OF CONTEST. 

Mark R. Bacon, answering the allegations set forth in the notice of contest heretofore 
filed by Samuel W. Beakes respecting the congressional election in the second con- 
gressional district of Michigan, shows as follows: 

(1) That said Mark R. Bacon is the duly elected Congressman for said district and 
holds the certificate of election issued by the proper authorities of the State of 
Michigan. 

(2) The first paragraph of said notice of contest is admitted. 

(3) The second paragraph of said notice of contest is admitted. 

(4) The third paragraph of said notice of contest is admitted. 

(5) The fourth paragraph of said notice of contest is admitted. 

(6) Answering the averments of the fifth paragraph, said Mark R. Bacon denies 
that there was an error in counting the votes cast for the candidates for said office in 
the first precinct of the second ward of the city of Jackson and county of Jackson; 
denies that eighty-nine (89) votes or any other number of votes cast in said precinct 
for Samuel W. Beakes were disregarded by the board of election inspectors, and were 
not counted for said Beakes; denies directly and severally each and every allegation 
of said paragraph 5; and further answering the allegations of said paragraph 5 says, 
that the ballots in said precinct, and in each precinct in the city of Jackson and 
county of Jackson were not preserved, in accordance with the provisions of law, the 
ballot boxes were not sealed, in accordance with the provisions of law, after the clos- 
ing of the polls and the count of the ballots cast at said election, held on November 7, 
A. D. 1916, and that therefor under the election laws of the State of Michigan said 
ballot boxes can not lawfully be opened or any recount thereof had. And this de- 
fendant represents that said law was enacted for the purpose of preventing fraud and 
tampering with ballots after the original count thereof and in anticipation of a recount 
thereof. And this defendant further shows that he is informed and believes and 
charges the fact to be that the ballot boxes in each and every precinct in the county 
of Jackson after the time of the original count thereof have been illegally opened, 
the ballots therein tampered with, and that by reason thereof they do not now repre- 
sent the will of the voters of said Jackson County, and a recount of the same in addition 
to being wholly illegal would not disclose the vote as actually cast for said office, but 
on the contrary would, if used to determine the election as between the defendant 
and said Samuel W. Beakes, wholly defeat the purpose and intent of the people of, 
said city and county. 

(7) Answering paragraph 6 of said notice of contest, this defendant denies each 
and every allegation of fact in said paragraph contained. 

(8) Answering the allegations of paragraph 7, this defendant denies each and every 
allegation thereof. 

(9) Answering paragraph 8 of said notice of contest, defendant shows that each and 
every averment thereof, and each and every conclusion thereof is untrue and 
unfounded. 

(10) Answering paragraph 9 of said notice of contest, defendant denies each alle- 
gation of fact therein contained. 

(11) Answering paragraph 10 of said notice of contest, defendant denies each and 
every statement of fact therein contained. 

(12) Answering paragraph 11 of said notice of contest, defendant admits that the 
returns from the several voting precincts in said district were duly and legally can- 
vassed by the boards of county canvassers in the several counties in said district and 
that the returns certified to by the several boards of county canvassers were duly 
and accurately canvassed by the state board of canvassers. Defendant denies each 
and every other averment of fact contained in said paragraph 11. 

(13) Defendant denies the averments of paragraph 12 of said notice of contest. 
The defendant further answering respectfully shows to the House of Representa- 
tives as follows: 

(a) That in many of the precincts within said Congressional district frauds were 
practiced and errors and inaccuracies occurred in the count, tabulation, and return 
of the votes cast for said office, and that this defendant conceives himself aggrieved 
and injured by reason thereof. This defendant shows as a typical example of such 
fraud and inaccuracy the following, to wit: 



BEAKES VS. BAG OX. 9 

In the township of Sumpter and county of Wayne at the instance of one Atyeo. a 
Democrat, and at tlie present time postmaster in the ^illage of Belleville. Wayne 
County. Mich., upwards of 100 legally qualified electors were excluded from the 
exercise of the fi'anchise upon the pretended reason that said voters had not registered 
in the fall of 1916: whereas, in proof and in fact such registration was not required 
by the law of the State of Michigan. And defendant says that at least 80 out of 100 
of said voters are lifelong Republicans and would have voted for this defendant. 
Defendant further shows that every postmaster and every Federal employee, with 
hardly an exception, in said cUstrict. were actively, openly, and continuously cam- 
paigning in behalf of said Samuel W. Beakes to the detriment of the public seixice 
of the United States, and in violation of law. 

( b ) This defendant further shows that the campaign manager of said Samuel W. 
Beakes was one Horatio J. Abbott, and that said Horatio J. Abbott was and is post- 
master of the city of Ann Arbor and an appointee of said Samuel W. Beakes. and that 
liis acti\'ity in said campaign was pernicious and contrary to law. 

(c) This'defendant further shows that in each and every precinct witMn said dis- 
tricts, both including those enumerated in the notice of contest herein filed and in 
all other precincts in said cUstrict. that votes were cast for tlris defendant which were 
not counted for him: that votes were counted for Samuel W. Beakes which were not 
cast for him; that votes cast for this defendant were counted for Samuel W. Beakes; 
and that more votes were cast for Samuel W.^ Beakes than he was lawfully entitled 
to. And this defendant proves that the foregoing occurred by reason either of the 
iraud, incompetence, mistakes, or inaccuracies upon the part of the several boards 
of election inspectors in said second congressional district. This defendant shows 
that he is aggiieved and injured thereby and that unless said matters are inquired 
into in this contest his rights will be prejudiced. 

( d) Tliis defendant further shows that the form of this answer is in accordance with 
the forms which obtain in election contests in the State of Michigan and is sufficient 
thereunder. He prays leave, in the event that the same fails to conform to the rules 
of the House of Representatives, he may have leave within a reasonable time and in 
accordance with said rules to file an amended answer herein, and to set up therein 
such other and further matters of defense and answer as he may be ad\ised are neces- 
sary in the premises. 

(e) And this defendant further shows that the notice of contest in tlus matter was 
served upon him on the 9th day of January, A. D. 1917. 

Mark R. Bacon. 
February 7, 1917. 

State of Michigax. County of Wayne, ss: 

Mark R. Bacon, being duly sworn deposes and says that he has read the foregoing 
answer by him subscribed and that the same is true except as to matters therein 
stated upon information and belief, and that as to those matters he believes it to be 
true. 



TESTIMONY FOR CONTESTANT. 

NOTICE OF TAKING DEPOSITIONS. 

To Mark B. Bacon: 

Sir: You will please take notice that depositions will be taken on behalf of con- 
testant in this cause before James S. Allen, Esq., a notary public in and for the county 
of Jackson, State of Michigan, in the probate office in the courthouse in the city of 
Jackson, county of Jackson, Mich., at 9 o'clock a. m. on Wednesday, the 21st day of 
February, 1917, from the following witnesses: 
Charles F. Barckus, rjsuling at 114 Thompson Avenue, Jackson Mich.; 
George E. Van Gamp, residing at 724 West Ganson Street, Jackson, Mich.; . 
Gifford N. Billman, residing at 731 West Ganson Street, Jackson, Mich.; 
Fred N. Ljwis, residing at 313 Wildwood Avenue, Jackson, Mich.; 
Jay Binning, residing at 406 North Perrine Street, Jackson, Mich.; ' 
Samuel L. Walker, residing at 108 Bannett Street, Jackson, Mich.; 
Clarence M. Kussall, residing at 432 West Mason Street, Jackson, Mich.; 
Daniel M. Zeigen, residing at 209 North Bowen Street, Jackson, Mich.; 
Arthur F. Havens, residing at 147 Chitock Avenue, Jackson, Mich.; 
And that you are invited to be present at the time and place above named for the 
taking of said depositions and to cross-examine the said witnesses. 
Dated Februry 14, 1917. 
Yours, etc., 

Arthur Brown, 
Attorney and Aaentfor the said Samuel W. Beakes, 
Contestant, 106 North Fourth Avenue, Ann Arbor, Mich. 
State of Michigan, 

County of Washtenaiu,^ss: 
Leo J. Kennedy, being first duly sworn by me, deposes and says that on the 14th day 
of "February, 1917, he personally served a written notice, of which the within is a true 
copy, upon Mark K. Bacon, at Wyandotte, Wayne County, Mich., by then and there 
delivering to him personally the said written notice. 

Leo J. Kennedy. 

Subscribed and sworn to before me thi.° 15th day of February, 1917. 

[seal.] Frank B. De Vine, Notary Public. 

My commission expires December 29, 1919. 

notary's subpcenas. 

To Charles F. Barckus, George E. Van Camp, Gifford N. Billman, Fred N. 

Lewis, Samuel L. Walker, Clarence M. Russell, Daniel M. Zeigen, and 

Arthur F. Havens: 

We command and strictly enjoin upon you, and each of you, that laying aside all 
manner of business and excuses whatsoever, you and each of you be and appear before 
me, the undersigned, a notary public in and for the county of Jackson, Mich., in the 
probate office in the courthouse in the city of Jackson, Jackson County, Mich., at 
9 o'clock a. m. on Wednesday, February 21, 1917, to testify and give evidence in the 
above-entitled cause now pending, on the part of the above-named contestant. 

And for failure so to do you will be deemed guilty of a misdemeanor and liable to 
an Indictment and punishment therefor, as provided by the laws of the United States. 

Witness my hand at the city of Jackson, in the county of Jackson, Mich., this 15th 
day of February, 1917. 

[seal.] " ' James S. Allen, Notary Public. 

State of Michigan, 

County of Jackson, ss: 

I hereby certify and return that on the 15th day of February, 1917, in the city 
of Jackson, in said county and State, I served the within subpoena personally upon 
Charles F. Barckus, George D. Van Camp, and Gifford N. Billman, Fred N. Lewis, 
Samuel L. Walker, Clarence M. Russell, Daniel M. Zeigen, and Arthur F. Havens, 
by them and there delivering to each of said witnesses personally, a true copy of the 
within subpoena. 

Verl W. Kutt, Deputy Sheriff. 

Dated February 20, 1917. 

My fees, $3.55; paid each witness, $1.10— §8.80. 

10 



BEAKES VS. BACOlSr. 11 

To Jay Binninct: 

We command and strictly enjoin upon you, that lajang aside all manner of business 
and excuses wliate^er, you be and appear before me. the undersigned, a notary 
public in and for the county of lackson, Mich., in the probate office in the court- 
house in the city of Jackson. Jackson County, Mich., at 9 o'clock a. m. on Wednes- 
day, the 21st day of February. 1917, to testify and give evidence in the above- 
entitled cause now pending on the part of the above named contestant. 

And that you bring with you at said time and place the record of the board of 
election canvassers of said county of Jackson, showing the vote of Jackson County 
at the last general election held in said county of Jackson on November 7. 1916. 
together with such memoranda as was left with you for safe keeping as relates to the 
counting of the ballots in the first precinct of the second ward of the city of Jack- 
son. Mich. 

And for faiku'e to do so. you will be deemed guilty of a misdemeanor and liable 
to an indictment and punishment therefor, as provided by the laws of the United 
States. 

Witness my hand at the city of Jackson, in the county of Jackson, Mich., this 
15th day of February. 1917. 

[seal.] James S. Allen, Notary Public. 

State of Michigan, 

County of Jac^cson. ss. 
I hereby certify and return that on February 15. 1917, in the city of Jar-kson, in 
said county and State. I served the within subpcena personally upon Jay Binning, 
by then and there delivering to him personally a true copy of the within subpcena. 

Verl W. Kutt, Deputy Sheriff. 
My fees, SI. 10; paid witness, 11.10. 

To Clifton H. Vedder: 

We command and strictly enjoin upon you. that laying aside all raanner of busi- 
ness and excuses whatsoever, you be and appear before me, the undersigned, a notary 
public in and for the county of Jackson. Mich., in the probate office in the court- 
house in the city of Jackson. Jackson County. Mich., at 9 o'clock a. m. on Wednes- 
day, the 21st day of February, 1917, to testify and g-ive evidence in the above- 
entitled cause now pending on the part of the above-named contestants. 

And that you bring with you at said time and place the sealed ballot boxes con- 
taining all the ballots cast in the several voting precincts of the city of Jackson, 
county of Jackson, Mich., cast at the last general election held in said city on No- 
vember 7, 1916. 

And for failure so to do you will be deemed guilty of a misdemeanor and liable 
to an indictment and punishnlent therefor, as provided by the laws of the United 
States. 

Witness my hand at the city of Jackson, in the county of Jackson, Mich., this 
15th day of February, 1917. 

[seal.] James S. Allen, N'ofary Fvhlic. 

State of Michigan, 

County of Jackson, ss: 
I hereby certify and return that on the 15th day of February, 1917, in the city of 
Jackson, in said county and State, I served the within subpoena personally upon 
Clifton H. Vedder, by then and there delivering to him personally a true copy of the 

within subpoena. n, ./r 

Verl W. Kutt, Deputy Sheriff. 

Dated February 20, 1917. 

My fees, |1.10; paid witness, $1.10. 

depositions on behalf of contestant. 

Present: James S. Allen, notary public. 

Proceedings had before me, James S. Allen, a notary public in and for Jackson 
County, Mich., which county is in the second congressional district of the State of 
Michigan, sitting for the purpose of taking testimony in the above-entitled contested 
election case. . 

On February 21, 1917, at 9 o'clock a. m. in the probate office m the courthouse, in 
the city of Jackson, in said county, I attended pursuant to the notice to take deposi- 
tions and to the subpoenas prefixed hereto. 



12 BEAKES VS. BACOK". 

Appearances: Arthur Brown and W. S. Cobb, attorneys for contestant; Guy A. 
Miller, attorney for returned member. 

Mr. Brown. It is hereby stipulated and agreed by the parties to this contest that 
proof of the official character of James S. Allen, the notary public, before whom 
depositions in this cause are about to be taken, be, and the same is, hereby waived. 

Arthur Brown, 
Attorney for Contestant. 
Guy a. Miller, 
Attorney for Returned Member. 

The foregoing stipulation after being reduced to writing by me was subscribed in 
my presence. 

[seal.] - James S. Allen, 

Notary Public in and for Jackson County, Mich. 

It is admitted that Exhibit 1 is the appointment of Arthur Brown as agent and 
attorney for contestant, Samuel W. Beakes, and that Exhibit 2 is the appointment of 
Guy A. Miller as agent and attorney for the returned member, Mark R. Bacon. 

Notice to take depositions and proof of service of the same was filed with the notary. 

Three original subpoenas, with proof of service indorsed thereon, were filed with 
the notary. 

JAY BINNING, was called as a witness on behalf of contestant, and being first 
duly sworn, was examined and testified, as follows: 

Direct examination by Mr. Brown: 

Q. Mr. Binning, you are the clerk of the county of Jackson. — A. Yes, sir 

Q. As clerk of the county of Jackson, are you secretary of the board of county 
-canvassers? — A. I am. 

Q. Have you the record and are you the custodian of the election records of this 
county of the election held in this county on November 7, 1916? — A. I have charge 
of them after the board makes a return to me. 

Q. And have you those records here? — A. I have. 

Q. Do these records show the vote taken at that election in the first precinct of the 
second ward of the city of Jackson? — A. It does. 

Q. Does this record include the vote cast for the several candidates for Representa- 
tive in Congress in the second congressional district of the State of Michigan, at that 
election? — A. It has no figures marked down in the columns for the first precinct of 
the second ward. That is left blank. That is in the statement of voters. In the 
canvassers' statement, it is referred to a certificate on page 20, which is a special states 
ment prepared and gives the figures. 

Q. Does your record of the board of county canvassers show the vote in all other 
precincts of Jackson County for Representative in Congress? — A. It does. 

Q. Now, if you will kindly read all of the statement made by the board of county 
canvassers and referred to in your record. 

Mr. Miller. I concede that contestant's Exhibit 3 is a true copy of the original 
return made the State board of canvassers by the Jackson County canvassers and that 
the board of said canvassers based their canvass for the office of Congressman in this 
district and precincts upon that return. 

For the purpose of showing the vote cast for all the candidates for office at the elec- 
tion November 7, 1916, it is conceded that Exhibit 4, a certified copy of the return of 
the county canvassing board, correctly shows such vote, in the second precinct of the 
second ward of the city of Jackson, including electors. 

Q. Will you explain how the envelope and contents that you have produced here 
came into your possession? — A. It was returned to me by the board of county can- 
vassers together with their statement and other records. 

Q. Included in this envelope are two copies of the tally sheet, marked Exhibits 
5 and 6, and two copies of the poll book, marked Exhibits 7 and 8. — A. Yes. 

Q. Also in this envelope was yellow ballot, marked Exhibit 9, with figures "15 
C. F. B." on it.— A. Yes. 

Q. Were exhibits, marked from 10 to 24, inclusive, contained in the envelope so 
produced by you? — A. They were. 

Cross-examination by Mr. Miller: 
Q. Mr. Binning, all you know about these books and sheets of paper is that they 
were in the envelope handed you by the board of canvassers? — A. That is all. 



BEAKES VS. BACOX. 13 

Q. Is the fact that some election returns at the November election were sent by 
mistake to the city clerk's office, instead of your office? — A. Well, that is a question. 
I can not answer without consulting vith some of the board of county canvassers. 
There were some books sent up here from the city offices. Whether those books be- 
longed in the other envelopes or should ha^e been put in the one retiu'ned to me I 
can"^t say without consulting vdth the board of coimty canvassers, ^\'ho opened up the 
sealed envelopes as I turned them over to them. 

Q. Exliibits 5 and 6 are marked "Tally sheets." These are sheets that are pre- 
pared by you for use at the election ?^A. Those are the blank books that I furnish 
the various ■\'oting precincts for the election. 

Q. Do you know how many of these blanks were furnished to each precinct at that 
election? — A. There are two of them. 

Q. One of those tally sheets should have been placed in the ballot box with the 
ballots, and that ballot box, -vihen sealed after the ballots were counted should have 
contained one of these tally sheets? — A. Yes; I think that is the way it is done. 

Q. The presence of these two tally sheets. Exhibits 5 and 6, outside of the ballot 
box ^^ould indicate to you an irregularity in that precinct, would it not? 

Mr. Brown. I object as the cjuestion asked for a conclusion. 

Are you sufficiently conversant with the election laws of the State so that you can 
ans'Rer that question basing your answer on the statute? — A. No, sir. 

Q. I will change the form of the question then. The usual practice in elections 
in this State is to place the original tally sheet or one copy of that in the ballot box 
with the ballots, and seal it up? 

Mr. ( OBB. We object to any testimony as to the custom and for the further reason 
that the witness has not shown that he is familiar with any custom at all. 

Mr. Brown. Do you know of the custom in the State of ^ilicliigan 

A. That is the general custom that is usually followed as far as I know. 

Q. It is a part of your duty, is it, to prepare or assist in the preparation of ballots, 
tally-sheet books, and other necessary supplies for the holding of elections in this 
county? — A. It is. 

Q. You, yourself, are an elected officer. How many times have you nm for office 
personally? — A. T^ice. 

Q. How manv copies of the books called poll books are supplied to the election 
board?— A. T\-6. 

Q. Exhibits 7 and 8 are the original poll books used in this precinct? — A. As far as 
I know. 

Q. They appear to be upon the face of them? — A. Yes, sir. 

Q. A..fter the coimting of the ballots what disposition is required by law to be made 
of these original poll books? — A. I simply keep them for a year or so, and they are 
destroyed . 

Q. Is there any requirement? — A. I tliink there is; to be kept for a year. 

Q. Is there any requirement to have one of these copies placed in the ballot box? — 
A. I think there is a statute covering that. I can not say for sure. All I am to do 
is to furnish supplies and the election inspectors are to see that the other formalities 
are carried out at the booth. 

Q. Retiu-ns as to State officers, county officers, and national officers are made to 
your office? — A. For the coimty. 

Q. And in the city of Jackson these original returns upon those offices go to your 
office or to the city clerk's o'ff.ce? — A. The way they have been doing they have been 
going to the city "clek's office and then he returned them to me. 

Q. I ask you -^^hether 3-ou know personally anytliing of the liistory_of Exhibit 6? — 
A. Nothing: only just as it appears there, is all. 

Mr. Miller. That is all. 

At this time I wish to offer in evidence in this proceeding all the election 
laws of the State of Michigan, whether general or local, touching upon the conduct 
of elections for Congressman, in any particular, and all decisions of the Supreme 
Court of the State of Michigan, construing the election laws or establishing 
the laws of the State in regard thereto, my intention being that all State statutes, 
all local acts, all city charters, and ordinances passed thereunder, together with all 
supreme court decisions in any way pertaining tliereto should be included in this offer. 

IMr. Brown. We have no objection to the offer as made. 

Redirect examination by Mr. Brown: 

Q. Were the books and papers delivered to you by the city clerk after the election 
in sealed packages? — A. Some of them were and some of them were not. 

Q. Which ones were not sealed?— A. As I remember, there were some poll books 
or tally books, I will not say which, came to me tied up with some strings around 
them, not sealed. 



14 BEAKES VS. BACOlSr. 

Q. There was one copy of the tally sheet and one copy of the poll book of this pre- 
cinct returned to you as county clerk in a sealed envelope, was there not? — A. I could 
not say; I turned the envelopes as they came to me over to the canvassing board, 
and whether or not they found those tally sheets and poll books in there I could not say. 

Q. Did you personally furnish the blanks for use in this election precinct, or were 
they furnished by some one in your office? — A. I don't know. I don't quite get your 
meaning to the question. I furnish all election supplies for the county. I did not 
personally send out any of these packages. I had two men in my office that did that. 

I know the contents of the foregoing statement of my testimony, and the same is 
correct. 

Jay Binning. 

Subscribed and sworn to before me this 21st day of February, 1917. 
[seal.] James S. Allen, 

Notary Public in and for Jackson County, Mich. 

Mr. Brown. Contestant's Exhibit 25, a certified copy of the statement of canvass 
and determination of the board of State canvassers, relating to the office of Represen- 
tative in Congress in the second congressional district of Micliigan is offered in evidence 

GEORGE E. VAN CAMP, was called as a witness on behalf of contestant, and, being 
first duly sworn, was examined and testified as follows: 

Examination by Mr. Cobb: 

Q. Mr. Van Camp, you are a resident of Jackson, Mich.? — A. Yes, sir. 

Q. And were you at the time of the holding of the November election, 1916? — A. 
Yes, sir. 

Q. Were you a member of the board of inspectors of election in the first precinct 
of the second ward of the city of Jackson? — A. Y^s, sir. 

Q. Did you take part in the counting of the ballots cast at that election? — A. Yes, sir. 

Q. After the count was completed what disposition was made of the ballots by the 
board of inspectors? — A. Why, we wrapped them up and put them in the ballot box 
and returned them to the city clerk. 

Q. Was the box locked after the ballots were placed in it? — A. Yes, sir. 

Q. Was it in any way sealed? — A. Yes, sir. 

Q. What was then done with the ballot box containing these ballots? — A. I put it 
in the patrol wagon and delivered it to the city clerk at the city clerk's oftice. 

Q. Who were the inspectors of election in the first precinct of the second ward at 
the November election? — A. There was Charles Barckus, Gifford Billman, Fred 
Lewis, and myself. 

The witness was hereupon excused temporarily to allow of the examination of other 
witnesses. 

I know the contents of the foregoing statement of my testimony, and the same is 
correct. 

George E. Van Camp. 

Subscribed and sworn to before me this 21st day of February, 1917. 

[sEAL.l James S. Allen, 

Notary Public, Jackson County, Mich. 

CLIFTON H: VEDDER was called as a witness on behalf of the contestant, and 
being first duly sworn, was examined and testified as follows: 

Examination by Mr. Cobb : 

Q. Mr. Vedder, you hold the office of city recorder for the city of Jackson and held 
such office at the time of the November election, 1916? — A. Yes, sir; was city recorder, 
now city clerk. 

Q. As such official, you may state whether or not you are custodian of the ballot 
boxes used in elections held in the city of Jackson? — A. Yes, sir. 

Q. Have you in your possession at this time the ballot box used at the November 
election, 1916, in the first precinct of the second ward of the city of Jackson? — A. Yes, 
sir; there are two of them. 

Q. You may state when and how those ballot boxes came into your possession. — A. 
They were delivered at my office by, I think, two members of the election board and 
brought in in the patrol wagon, Mr. Walker, driver. 

Q. What if any keys to those boxes were delivered to you at the time? — A. The key 
to the ballot boxes. 



BEAKES VS. BACON". 15 

Q. \Yere delivered to yoii? — A. Yes. sir. 

Q. Have those ballot boxes since they -^vere delivered to you been in your possession 
continuously? — A. Yes. sir. 

Q. Have you also had possession of the keys dining that time? — A. Yes, sir. 

Q. HaA-e you such ballot boxes here in the room, Mr. A^edder? — A. Yes, sir. 

Q. Are they in the same condition as when delivered to you? — A. Well, I think so; 
of course the boxes. You understand, of course, there was a recount. 

Q. In referring to a recount, have you reference to the production of the boxes 
before the county canvassing board for such purpose? — A. Yes, sir. 

Q. Did you deliver the boxes to such canvassing board at the time such recount 
was made? — A. Yes, sir, personally. 

Q. Such recount referred only to the office of coroner, did it not? — A. Yes, sir. 

Q. At the conclusion of the recount you refer to was the box again delivered into 
your possession? — A. Yes. sir. 

Q. Do you know absolutely, Mr. Vedder, that no one has had access to those boxes 
except yourself during the time they have been in your possession, with the exception 
of their being used for the purpose of the recount you refer to? — A. I think I can say 
yes, %vith the exception — if I may be allowed to make a little explanation. 

Q. Go ahead with your explanation. — A. The boxes — immecliately after being a 
question about the discrepancy in the vote — were taken by me and put in a store- 
room, put under double lock and key, and either myself or my deputy, Mr. T. H. 
Right, would unlock the room and stay in the room while this room was being used. 

Q. Was this storeroom used only occasionally and then temporarily? — A. Occa- 
sionally, and perhaps five minutes at a time ; maybe less than that. 

Q. Mr. Vedder, have you any cpiestion whatever that those ballot boxes have not 
been tampered with in any way? 

Mr. Miller. The question is objected to as dra^wing for a conclusion and as asking 
about matters that Mr. Vedder has not had full knowledge according to his own testi- 
mony. He can testify as to what happened in his presence, but as to what might have 
happened outside of Ms presence or outside of Ms office I don't see how he can testify. 

A. I have not: no, sir. 

Q. Will you, Mr. Vedder, produce the ballot boxes and the keys and turn them over 
to the notary? — A. Yes, sir. 

^Ir. Cobb. You may do so. 

The "witness here produced the ballot boxes and turned 0A"er to the notary the key 
to the locks on such boxes. 

Cross-examination by Mr. Miller: 

Q. Mr. Vedder, is that box in the same condition now as to seals that it was in when 
it came into your office after the election? — A. I can't say, Mr. Miller, whether the 
lock was sealed or not: whether any sealing wax over the lock or not. 

Q. You didn't personally examine that box at the time? — A. I did not: no, sir. 

Q. Where did you get these padlocks on these two boxes? — A. Those came through 
the piu'chasing department. I do not know just where he did get them. 

Q. Do you know how much he paid for them? — A. No, I do not. 

Q. They are ordinary padlocks and cheap padlocks at that? — A. I should imagine 
so. 

Q. The lock on the box I am examimng is marked around the loop part "Corbin 
Cabinet Lock Co.," and then on the body of the lock itself "Mars," and two stars on it. 
There never was any seal on that lock, was there, Mr. Vedder? — A. I couldn't say. 

Q. Is the reason why you can not say that you did not, when this box was received 
by your office, see it or examine it? — A. I saw the box, but I didn't examine it. 

Q. How many boxes are there in the city of Jackson in use at this last election? — A. 
There were at least two at each precinct. That would be 38. 

Q. Were any of the boxes sealed or in any different condition of sealing than tMs 
one is? — A. My recollection is that some of the locks had cloth and sealing wax. 

Q. Have you any recollection that there ever was any cloth and sealing wax on these 
two boxes? — A. Not on these particular locks. 

Q. Are you able to testify there never was any seal over the locks on these two 
boxes'? — A. I am not. 

Q. By that you mean jou are not able to testify? — A. I tMnk I said I was not able 
to testify. 

Q. Now, Mr. Vedder, in the condition in which these two boxes are at present the 
top can be removed and the ballots taken from the box without interfering with any 
seal upon the box whatever? — A. Without interfering with any seal that is now on 
the box. 

Q. The only seal now on the box covers the slot in the top left for the insertion of 
the ballots? — A. Yes, sir. 



16 BEAKES VS. BACON. 

Q. It is true of both boxes? — A. Yes, sir. 

Q. Both these boxes liave been opened, to your knowledge? — A. Yes, sir. 

Q. And, so far as you know, the only seals that are now upon the box are in the sai 
concUtion as when your office received them? — A. Yes, sir. 

Q. The ballots have been removed from both boxes without distrubing any seal 
either of them? — A. I could not say. 

Q. That is outside of your knowledge, Mr. Vedder? — A. Yes, sir. 

Q. The same key opens both these padlocks on both these boxes? — A. Yes, sir. 

Q. \yhen these boxes were delivered to your office, what was done with them?— 
They were.simply set in the outer office there just in front of the desk in my office. 

Q. That is a place open to public access? — A. People going through there. 

Q. Continually? — A. Yes, sir. 

Q. Did you personally receive these two boxes when they were brought in, or doi 
you remember? — A. I think that they were brought in and set down there. I, 
course, did not handle the boxes; take them out of their hand. I saw the men wh 
they brought them in. 

Q. Did you give any receipt for the boxes when they were brought in? — A. No, s 

Q. Did you keep any record in your office showing their delivery? — A. Not p: 
ticularly of the boxes; no, sir. 

Q. Have you any record whatever in permanent shape? — A. No, sir. 

Q. How long did the' boxes stay out in front of your desk? — A. I think they we 
moved into tha storeroom the following afternoon; that is, they weren't truned o\ 
to us until the day following the election, in the afternoon. 

Q. AVhat time in the afternoon? — A. I can't say defmitely. 

Q. How long did they stay in the outer office? — A. My recollection is that th^ 
were moved into the storeroom on the following day; that is, the second day aft 
the election. 

Q. What was the occasion of putting them in the storeroom? — A. The lobby — y 
might say lobby — was small, and they were in the way there. 

Q. Is that the only reason they were put in the storeroom? — A. I believe so. \' 
alwaj^s trjr to get them oiit of the way as soon as possible. 

Q. Didn't some question about an alleged discrepancy in this precinct come up? 
A. Yes, sir. 

Q. And wasn't it after that question came up? — A. I tliink that question came i 
the same day, Mr. ililler. 

Q. The same day as what? — A. As the boxes were turned in. 

Q. Wliat land of polling places does the city of Jackson maintain? — A. General 
we have these galvanized-iron houses. They call them steel houses. 

Q.- Are they portable? — A. Yes, sir. 

Q. Who keeps the ke^'s of those houses? — A. We keep them. 

Q. That is, the city clerk's office keeps them? — A. Yes, sir. 

Q. Whereabouts w'as the booth in this precinct? — A. On Steward Avenue and t^ 
Michigan Central Railway. 

Q. Go ahead and describe what Icind of a house it is. — A. It is a frame building ( 
a cement wall. 

Q. Who keeps the keys to that?— A. The trustee of the ward hall. It is called t] 
ward hall. 

Q. Did the city rent that as a polling place? — A. Yes, sir. 

Q. After the election when were the keys turned back to the trustees? — A. I cou 
not say. 

Q. Whereabouts is the trustee to be found? — A. His home is the second hou 
around the corner on Trail Street. 

Q. How far from this polling place? — A. About 16 rods the ordinary way peep 
would go . 

Q. How far is this polling place from the city clerk's office"? — A. I should say thre 
quarters of a mile. 

Q. In going to it from the Otsego Hotel, do you have to go much out of your wj 
to stop at the city clerk's office? — A. A few steps to the rear of the city office block. 

Q. You might say it is almost directly on your way? — A. Yes, sir. 

Q.' Did a report come to your attention that Mr. Barckus and Mr. Abbott, the pos 
master of Ann Arbor, had gone out and climed into the window of this polling plao 

Mr. Cobb. I object to that as incompetent and hearsay at the most. It shows on i 
face that it is incompetent. 

A. No, sir. I belieVe I heard that at the meeting of the board of county canvassei 

Mr. Miller. I think that is all, Mr. Vedder. 



BEAKES VS. BACON. 17 

Redirect examination by Mr. Cobb: 

Q. You testified, Mr. Vedder, that these ballot boxes had been opened. I ask you 
a such boxes were opened except by the county canvassing board for the purpose of 
recounting the ballots on the office of coroner? — A. No, sir. 

Q. Mr. Vedder, were you present at the counting of the ballots by the county 
canvassing board, to which you have referred in your testimony? — A. I was in the 
room. I don't know that I gave the count any particular attention. 

Q. Do you know that all the ballots removed from the boxes for the purpose of 
making such recount were, upon the completion of such recount, returned to the 
boxes? 

Mr. Miller. That is conceded, Mr. Cobb. There will be no question raised about 
that. And unchanged. 

Recross-examination by Mr. Miller: 
Q. Of your own knowledge, Mr. Vedder, you don't know what might or did happen 
to these boxes before they came into posession of your office? — A. No, sir. 

I know the contents of the foregoing statement of my testimony, and same is correct. 

Clifton H. Vedder. 
Subscribed and sworn to before me this 21st day of February, 1917. 
[seal.] James S. Allen, 

Notary Public, Jackson County, Mich. 

SAMUEL L. WALKER was called as a witness on behalf of the contestant, and, 
being first duly sworn, was examined and testified as follows: 

Examination by Mr. Cobb: 

Q. Mr. Walker, you reside in the city of Jackson, Mich.?- — A. I do. 

Q. And you resided here at the time of the November, 1916, election? — A. Yes, sir. 

Q. At that time, how were you employed, Mr. Walker? — A. Patrol driver, city of 
Jackson, police department. 

Q. Did you go with your patrol to the first precinct of the second ward of the city of 
Jackson following the election? — A. Yes, sir. 

Q. Do you know what day it was with reference to the election? — A. The day after 
election. 

Q. For what purpose did you go there, Mr. Walker? — A. To return the boxes to the 
city clerk's office. 

Q. Were the boxes used at that election in the first precinct of the second ward taken 
in your conveyance to the city clerk's office? — A. Yes, sir. 

Q. Do you recall who accompanied you? — A. I don't. There were four men besides 
the patrolman. 

Q. Did anyone from this first precint of the second ward accompany you? — A. Two 
men. 

Q. Their names you don't know? — A. No; I was in the front of the wagon driving. 

Q. You drove to the city clerk's office? — A. Yes, sir. 

Q. Did you have anything to do with the delivery of the boxes to the clerk? — A. Not 
the boxes. 

Q. Did you see them delivered? — A. Yes, sir. 

Q. Were the boxes from this precinct in any way tampered with after they were 
put in your conveyance and before being delivered to the city clerk? — A. So far as 
I know they were not, as I was not in the back end of the wagon. There was another 
man rode with me on purpose for that. 

Q. On purpose for that, you mean to see to it that the boxes were not tampered 
with? — A. As I understand there was another man sent with me; he rode in the back 
end of the wagon. 

Q. Who was that man? — A. I am unable to state his name at this time. I can 
ascertain by going to the police station. He was a police officer. 

Mr. Cobb. That is all. 

Cross-examination by Mr. Miller: 

Q. Mr. Walker, you were out that day with the wagon for the purpose of bringing 
back the boxes from the different precincts? — A. I was when I was sent; yes, sir. 

Q. And when you got an order to go to a certain precinct to get the box, you went? — 
A. Yes, sir. 

Q. On this particular trip you went to two precincts? — A. Yes, sir. 

Q. That was just in the regular routine, just the same as you did with all the other 
precincts? — A. Yes, sir. 

96694—17 2 



18 BEAKES VS. BACON. 

Q. I suppose the captain or lieutenant, whoever was in charge, told you where to 
go? — A. I got orders from the station. 

Q. Then when you got to this first precinct of the second ward, you waited until 
they were ready to come, and then brought them down town? — A. Yes, sir. 

Q. Did you go into the booth yourself? — A. I don't remember whether I went 
into that one or not. 

Mr. Miller. I guess that is all, Mr. Walker. 

I know the contents of the foregoing statement of my testimony, and same is correct. 

Samuel L. Walker. 
Subscribed and sworn to before me this 21st day of February, 1917. 
[seal.] James S. Allen, 

Notary Public, Jackson County, Mich. 

THOMPSON H. EIGHT was called as a witness on behalf of the contestant, and 
being first duly sworn, was examined and testified as follows: 

Hereupon, at the hour of 12 m., a recess was taken until 1.30 o'clock p. m. of the 
same day, at which time the hearing was resumed with the same parties present. 

Mr. Miller. It is agreed on behalf of Mr. Bacon that the testimony of the witness 
Kight may be taken as though his name had been included in the original notice of 
taking testimony. 

Examination by Mr. Cobb : 

Q. You are deputy city clerk for the city of Jackson, Mich.? — A. Yes, sir. 

Q. How long have you held that position? — A. Since May, 1914. 

Q. Mr. Vedder, the city clerk, has testified that he has had charge of the ballot 
boxes used in the city of Jackson at the November, 1916, election. Do you know of 
those ballot boxes having been delivered to the city clerk from the voting precincts? — 
A. No, I don't remember. I went home from the office about 8 or 9 o'clock and I 
stayed home until about 2 in the afternoon; and I don't know whether these ballot 
boxes were brought to the city clerk during that time or not. I have no recollection 
of these particular ballot boxes. 

Q. Do you know of the ballot boxes used in the first precinct of the second ward 
at the November election being in possession of the city clerk? — A. Yes, sir. 

Q. Where were those ballot boxes kept? — A. They were kept in a storeroom in 
the building, which is a room just across the hall from the city clerk's office. 

Q. You may state, if you know, whether or not that storeroom has been kept under 
lock and key. — A. It has. 

Q. State whether or not you have admitted any one to the storeroom since the 
election referred to or .since the ballot boxes were placed in that room, when you were 
not present in that room with the person or persons so admitted? — A. I have not. 

Q. Are you able to state positively that those ballot boxes have not been tampered 
with by yourself or any one admitted to that room by you? — A. Yes, sii\ 

Q. Or to your knowledge by any other person? — A. Or by any other person. 

Q. Why, Mr. Kight, has this practice of admitting persons to the room and remain- 
ing in the room with them been resorted to? — A. Well, because the room contained 
other material besides the ballot boxes used by the city quite often. 

Q. Any one aside from your office have keys to that room? — A. No, sir. 

Q. Do you know of any one having been admitted to the room besides yourself 
and Mr. Vedder? — A. No, sir. 

Q. Do you know of any one who has keys to that room except yourself and Mr. 
Vedder? — A. No, sir. 

Mr. Cobb. That is all. 

Cross-examination by Mr. Miller. 

Q. Were these boxes sealed when they came to your-office? — ^A. Yes, sir. 

Q. By that do you mean that they were sealed over the locks? — A. The locks were 
sealed and the tops were sealed. Now, regarding the locks, I could not say positively, 
but I am of the opinion that the locks were sealed. 

Q. Wlien did those seals disappear from the locks? — A. I presume they d^isappeared 
from the locks when they were brought up here at the first investigation. ' 

Q. If there weren't any seals on the locks at that time, then they were taken off 
between the time the boxes came to your office and the time they came before the 
board of county canvassers? — A. If there were no seals at the time they came up 
here, there were no seals on them at the time they came to the office from the voting 
booth. 

Q. Then you don't know, Mr. Kight, whether the locks were sealed or not? — A. As 
I said before, I was not positive, but I think they were. 



BEAKES VS. BACOlSr. 19 

Q. Well, no-vv, do you think now they were not? — A. I don't know. 

Q. Yom- office send out instructions to the election boards. — A. Yes, sir. 

Q. Have you got a copy of the instructions? — A. A copy at the office. 

Q. Would it be possible to produce that copy? — A. I think so. 

Mr. Miller. I would like to have you do so. 

Q. You say you were not present when these boxes came in? — A. I do not remember 
these particular boxes. Some of the precincts came in while I was away, and I don't 
remember about these particular boxes. 

Q. It is a fair statement that you don't remember these particular boxes coming 
in? — A. Yes, sir. 

Q. How long after the election were the boxes put in the storeroom? — A. I think 
they were put in the storeroom the next morning. The following day after the elec- 
tion they kept coming in all day and they were put in the storeroom on the following 
morning. 

Q. That would be on the 9th. — A. The election was on the 7th. 

Q. Yes. — A. Yes. 

Mr. Miller. That is all except for those instructions. 

I know the contents of the foregoing statement of my testimony, and the same is 

correct. ^ „ ,- 

Thompson H. Kight. 

Subscribed and sworn to before me this 21st day of February, 1917. 
[seal.] James S. Allen, 

Notary Public, Jackson County, Mich. 

GEORGE E. VAN CAMP, recalled for fiuther examination by Mr. Cobb. 

Q. Mr. Van Camp, was the boxes used at this first precinct of the second ward 
locked after the ballots were counted and placed in the boxes? — A. Yes, sii\ 

Q. To whom were the keys delivered after the boxes were marked? — A. Charles 
Barckus — ^Barcku3 and Billman. 

Q. You have stated that you took the boxes in the patrol wagon to the city clerk. 
Had you during that time any key to these boxes in your possession? — A. No, su\ 

Q. Were those boxes in yoiu' Aiew all the time from the time they were locked at 
the voting precinct until you delivered them to the city clerk's office? — A. Yes, sir. 

Q. During that interval were those ballot boxes in any way tampered with by any 
person? — A. No, sir. 

Mr. Cobb. That is all. 

Cross-examination by Mr. Miller: 

Q. How long have you been an election officer? — A. Oh, three of four years — four 
years. 

Q. How many elections? — A. Oh, probably seven or eight. 

Q. Did you ever read youi' election instructions? — A. Yes. 

Q. Do you know that the law requires ballot boxes to be sealed? — A. Yes, sir. 

Q. Requires boxes to be sealed so that they can not be opened without breaking 
the seals. You know that, don't you? — A. Yes, sii". 

Q. Who sealed these boxes? — A. If I remember right, I did. 

Q. Who was there when it was done? — A. All the voting inspectors. 

Q. That was Mr. Barckus? — A. Mr. Barckus, Mr. Billman, Mr. Lewis, Mr. Coppins. 

Q. The election took place on November 7? — A. I think so; I am not certain about 
the date. 

Q. The polls opened at 7 a. m. — A. Yes, sir. 

Q. When did they close? — A. Eight p. m. 

Q. How many votes were cast, approximately? — A. Seven hundred, I think; about 
that. 

Q. For a full ticket of National, State, county, and city officers? — A. Yes, sir. 

Q. The board proceeded to count the ballots after the closing of the polls? — A. Yes, 
sir. 

Q. How long did it take to count them?— A. Until after 2 the next day; 2.30 perhaps. 

Q. A. m. or p. m.? — A. P. m. 

Q. Your board was then on duty continually from 7 a. m. until the following day 
at or about 2 p. m.? — A. We got there at 6.30 a. m. and commenced to mark our ballots 
and it was 3.20 when I left, and the other boys had not left when I did. 

Q. You were on duty something like 32 or 33 hours continually? — A. Yes, sir. 

Q. Mr. Lewis and Merritt were both old men?— A. Yes, sir. Mr. Merritt was not 
an inspector. He attended gate a little while in the forenoon and was taken sick. 

Q. On several occasions after the polls closed some or all of the inspectors were 
temporarily absent from the booth? — A. Well, just for a minute or so, one or two 
at a time, to get a sandwich or something like that, but never all of us at once. 



20 BEAKES VS. BACON. 

Q. There were times, however, when only one or two members were in the booth 
at a time? — A. No, sir; there never was a time like that. 

Q. These padlocks on these boxes are of the cheapest description? — A. Well, I 
don't know about that. 

Q. Well, they are not Yale locks? — A. I don't know; I haven't examined them. 

Q. Go and examine them. Look at them. — A. I would not know if I did examine 
them. [Examines locks.] They are manufactured by the Corbinette Lock Co. I 
don't know anything about the locks. 

Q. You can buy them for about 25 cents at any hardware store, can't you? — A. I 
couldn't say; I don't know anything about that. 

Q. Was any seal ever put on those locks? — A. I don't know whether there was or 
not on that occasion. I don't remember. 

Q. If there was a seal on the locks, it has been removed since then, anyway? — A. 
Apparently it has. 

Q. There isn't any there now? — A. There isn't any there now. 

Q. Then the substance of your testimony is that there may have been a seal on those 
locks and there may not? — A. Sometimes we seal the lock and sometimes we seal 
over the edge of the can, and on this occasion I don't remembfr which we did do. 

Q. But on this occasion you did do one or the other? — A. Well, I think so; I am not 
certain about it. 

Mr. Miller. That is all. 

Mr. Cobb. That is all. 

I know the contents of the foregoing statement of my testimony, and the same 
is correct. 

George E. Van Camp. 

Subscribed and sworn to before me this 21st day of February, 1917. 
[seal.] James S. Allen, 

Notary Public, Jackson County, Mich. 

CHARLES F. BARCKUS, a witness called on behalf of the contestant, being first 
duly sworn was examined and testified as follows : 

Direct examination by Mr. Cobb : 

Q. Mr. Barckus, you live in the city of Jackson, Mich? — A. Yes, sir. 

Q. Were you one of the inspectors of electioti in the first precinct of the second 
ward of the city of Jackson at the November election, 1916? — A. I was, sir. 

Q. Did you as such inspector participate in the counting of the votes cast in that 
precinct following the closing of the polls? — A. I was there from the beginning to the 
end, but I didn't count all of them. 

Q. I asked you if you participated in the work of counting the ballots; did you take 
part in the work of counting the ballots? — A. I did. 

Q. After the work of counting the ballots was concluded what was done with those 
ballots? — A. Why, I may have a way of explaining that. 

Q. Go ahead. — A. I put them in the box. 

Q. Were all the ballots cast in that election placed in the box? — A. They were. 

Q. After the ballots were placed in the box what was next done? — A. I put the lock 
on. 

Q. After the box had been locked, what was done? — A. I turned them over to Mr. 
Van Camp and Mr. Walker, the police officer. 

Q. Do you know whether the boxes were in any way sealed before they were re- 
moved from the voting precinct? — A. Our customary way; yes, sir. 

Q. And how were these boxes sealed? — A. Well, I sealed — Mr. Van Camp sealed 
the covers of the boxes, and I sealed them with a lock and key and I put the key in 
my pocket after I turned the boxes over to him. 

Q. What did you do with the keys after locking the boxes? — A. I deUvered them 
to the city recorder, or city clerk, rather. 

Mr. Cobb. I guess that is all. 

Cross-examination by Mr. Miller: 
Q. What is your business, Mr. Barckus? — A. My business now is county agent for 
the Home Furnace Co., of Holland, Mich. 

Q. Before that? — A. I was an enployee of the State. 

Q. Working for what institution? — A. Michigan southern prison. As guard. 

Q. When you were employed there? — A. Well, I left there in October, 1916. 

Q. Do you know a man by the name of Edward Frensdorf? — A. I do. 

Q. Is he a member of the board of control of that prison? — A. I think he is. 



BEAKES VS. BACDN". 21 

Q. And ex officio, so to speak, campaign manager for Mr. Beakes? — A. I didn't 
know it. 

Q. Were you present before the board of county canvassers? — A. I was. 

Q. Did you hear Mr. Fresndorf make an offer of |500 if Mr. Beakes failed to win on 
a recount? 

Mr. Cobb. That is objected to as immaterial and frivolous. 

Q. The preceding question can be modified so as to refer to recount of this precinct. — 
A. I claim I didn't hear it. 

Q. How long have you served on election boards? — A. In the city of Jackson? 

Q. Anywhere? — A. I served on election boards in the city of Jackson four years, 
I think, three to four years. And in Lenawee County two years. 

Q. Have you read your instructions? — A. I can't say as to that, that I have read all. 

Q. Do you know that it is duty of election boards under the law to seal ballot boxes 
so that they can not be opened without breaking the seals? — A. Well, I think the law 
requires that. 

Q. These two ballot boxes in the first precinct of the second ward as they are at the 
present time before you, can be opened without interfering with any seals, can they 
not? — A. If they had the key. 

Q. Any one who has the key can open them without interefering with any seal? — ■ 
A. I think so. 

Q. It is a fact, isn't it? — A. Well, I say I think so. 

Q. You think so. Isn't it a fact? — A. I think so, yes. 

Q. You have seen them opened without having the seals interfered with, haven't 
you? — A. No, sir. 

Q. Is there any chance that you are mistaken in your judgment that they can be 
opened? — A. I don't know that there is. 

Q. There isn't any doubt about it, is there, that they can be opened without break- 
ing the seals? — A. If they have the key. 

Q. If you have the key, there is no doubt that you can so open the box? — A. If 
I had the key, I might open the box; yes. sir. 

• Q. Who is Mr. Abbott? — A. Mr. Abbott? Why, I have known Mr. Abbott about 
15 years. 

Q. What position does he hold? — A. At the present time? 

Q. Yes. — A. Well, I didn't know until I met him here last fall that he was post- 
master at Ann Arbor. Before that time he was in the building business at Ann Arbor. 

Q. Ann Arbor is a city in Washtenaw County, in the second congressional district, 
isn't it? — A. Yes, sir. 

Q. That is Mr. Beakes'^ district? — A. Yes, sir; and Jackson is also. 

Q. Was Mr. Abbott with you when you went up to the polling place of the first 
precinct of the second ward in Jackson, went in tlii'ough the window? — A. He was 
■with me — that is, he called up my residence and left word with my wife that he 
wanted to see me. Left word with my wife what time he wanted to meet me, and 
I met, him. He said, "You got the key for the voting booth of the pi-ecinct?" I 
says, ''I know where it is." He says, "Will you go out with me and get it?" I said, 
"i will." And I got the key and went in the door. 

Q. When did you go in the door? — A. We went in that evening. 

Q. Why did you say you went in the window, then? — A. Well — pardon me — I 
wasn't under oath then; but I am under oath no»v. 

Q. When you were before the board of county canvassers of Jackson County, was 
the following question asked you, and did you make the following answer; "Mr. 
Flowers. How did you get into the voting booth? Mr. Barckus. Through the win- 
dow." — A. Perhaps through the window. 

Q. Was that question asked of you, and did you make that answer? — A. Yes; per- 
haps I made that answer — perhaps through the window; yes, sir. 

Q. If you said you went through the window, it wasn't true? — A. I wasn't under 
oath then. 

Q. It wasn't true, was it? — A. No; it was not true. 

Q. Was the following ciuestion asked of you, and did you make the following answer: 
"Mr. Flowers. Who went with you? Mr."^ Barckus. Mr. Abbott, a friend of mine from 
Lenawee County." — A. I don't remember I said Lenawee, but I said Abbott. 

Q. Was that true at that time? — A. Mr. Abbott went with me; it was. 

Q. But it wasn't true that you went in through the window? — A. No, sir. 

Q. Why was you telling the board of county canvassers things that wasn't true? — 
A. I never said'it was true, with the exception of going tlirough the window. 

Q. Was the following question asked of you, and did you make the following answer: 
-"Mr. Flowers. Anvbodv else could have gone through the window? Mr. Barckus. 
Possibly could; I didn''t go in alone. Mr. Flowers. Who went with you? Ih. Bare- 



22 BEAKES VS. BACON* 

kus. Mr. Abbott, a friend of mine from Lenawee County." Were you asked those 
questions, and did you make those answers? — A. That there, I don't know whether 
I did or not. 

Q. If you did, were they true? — A. I made the answer that Mr. Abbott went with 
me into the voting booth. 

Q. If those answers were not true, why did you give tliem to the board of can- 
vassers? — A. Now, I can explain that, and I will do it. The morning of the election 
I was called up by Mr. Kight, the deputy clerk, to be at the polls before 6 o'clock, 
and I crawled in through the window, so that I could open the polls of the election 
booth to receive our books and ballots. That is where I was confused in regard to 
crawling in the night Mr. Abbott and I went out. I was custodian for the city of the 
voting booths — of all voting booths in the city of Jackson before election and after 
election, and the key was left at the Michigan Central crossing tender, from vrhich I 
got the key in question to go into the voting booth with. 

Q. So your recollection is better now than it was on November? — A. I will admit 
that I was confused in regard to the time of climbing into the window. 

Q. What else was you confused about? — A. NotMng. 

Q. That is the only thing you was confused about? — A. I think so. 

Q. How long after the election was it when you went to the booth with Mr. Abbott? — • 
A. I think it was Thursday night. 

Q. What time Thursday night? — A. Well, the best of my memory, it would be 
about 7.30 — somewhere around there. 

Q. That was after dark? — A. In the evening. 

Q. Did you go to Mr. Vedder before you went into the booth? — A. I did not. 

Q. You were in there looking for some election papers. — A. You might call it 
election. I didn't go in for any election papers. Mr. Abbott asked me to go up there, 
and I went with him . And what we found I kept in my possession and took them to 
the city recorder in the morning, the following morning. 

Q. Why didn't you go to the city clerk before you went into there? — A. Well, I 
didn't think it necessary, because I was custodian of the building, and I knew where 
the key was, and I went with him. 

Mr. Cobb. The city recorder had no key, did he? 

A. No, sir. 

Q. The object of your going up there was connected with the Bacon-Beakes election, 
wasn't it? — A. At the time, I didn't know it. 

Q. "WTiat was your object in going up there? — A. He wanted to go up there and see 
what he could find. Just to befriend him and see what he could find. 

Q. Did he tell you what he wanted? — A. He did not. 

Q. Did he talk about what he wanted? — A. He said there was a mistake and "I 
want to see what I can find." 

_Q. "VVTiat did he say he thought he would find? — A. Well, to tell the truth, he never 
said anything to me about it. 

Q. The ballots and the election returns were all in the hands of the city clerk at 
that time? — A. All ballots cast and uncast were in the boxes. 

Q. And the tally sheets and the returns generally had all been handed in? — A. Yes; 
and also the keys to the boxes. 

Q. You didn't think you was going for an evening stroll, did you? — A. You may 
look at it as you like; I thought it was just a little recreation. 

Q. You never had any idea that you were going up there for any particular pur- 
pose? — A. No, sir. 

Q. And I suppose the reason why you didn't say anything to the city clerk was 
because you didn't know that your visit had any connection with the election? — A. 
I did not. 

Q. Well, why did you go to that place instead of going to a movie or some place that 
was amusing? — A. The reason why Mr. Abbott and I was boys — wasn't boys, but 
friends — for years, and he called up and had an appointed time and he wanted me to 
go up there with him, and I went with him. 

Q. By the way, you always had a copy of the election laws in the booth, didn't 
you? — A. Yes. 

Mr. Miller. I guess that is all. 

Redirect examination by Mr. Cobb : 

Q. I show you papers marked ' ' Exhibits 9 to 24, inclusive, ' ' and ask you if those are 
the papers you found in the voting booth at the time you and Mr. Abbott visited it 
and to which you have referred. [Witness examines papers.] — A. They are. 

Q. By what means do you identify those exhibits as the papers you found in the 
voting precinct? — A. With my initials, "C. F. B.," in blue pencil and enumerated. 

Mr. Cobb. That is all, Mr. Barckus. 



BEAKES VS. BACOlSr. 23 

Mr. Miller. Let the record show that the papers examined by the witness are not 
at this time offered in evidence, and until they are so offered I wish to reserve any 
cross-examination. 

I know the contents of the foregoing statement of my testimony, and the same is 
correct. 

Chas. F. Barckus. 

Subscribed and sworn to before me this 21st day of February, 1917. 
[seal.] James S. Allen, 

Notary Public, Jackson County, Mich. 

Mr. Cobb. Counsel for contestant here request that the notary open the ballot 
boxes used in the first precinct of the second ward of Jackson, Mich., and that such 
ballots be recounted for the ofiice of representative in Congi'ess by Charles F. Barckus, 
George E. Van Camp, Gifford Billman, and Frederick N. Lewis, the inspectors of 
election in said precinct at the November, 1916, election and that such count be 
made under the supervision of the notary and in the presence of the attorneys for 
the respective parties. 

Mr. Miller. This proceeding is objected to for the following reasons: First, the 
ballot box is not properly sealed in accordance with the law and, therefore, under 
the laws of the State of Michigan, it can not legally be opened and a recount of the 
ballots had; second, it appears from the evidence that the box probably was sealed 
and that a portion of the seals originally placed thereon disappeared prior to the 
time said boxes were produced before the board of county canvassers; tliird, the 
board of election inspectors for tliis precinct have no power to recount the ballots 
for this or any other office; fourth, the ballots in question are evidence, which must 
be passed upon by the House of Representatives, and in the event that the parties 
to tliis contest, without prejudice to their rights to insist upon theii' objection to 
the opening of said boxes, can not agree upon the legal effect of any or all of the ballots 
therein, then said ballots in their entirety must be presented to and passed upon 
by the House of Representatives or some authority by it constituted. 

On behalf of Mr. Bacon, I decline to be a party to any proceedings such as proposed 
in the offer of counsel. I will examine the ballots with counsel without prejudice 
to my rights to object to the opening of said box and the recounting of the ballots 
for the purpose of agreeing if possible upon the effect of the ballots therein contained. 

Mr. Cobb. In view of the statement made by counsel for Mr. Bacon that the ballot 
boxes be opened and the ballots examined by counsel with a -sdew of agreeing if 
possible as to the result of the vote on the office of Representative and feeling that 
stich coui'se will subserve our purpose we consent that the method suggested be 
pursued. 

Mr. Miller. This is without prejudice to any rights to objecting to the opening 
of the ballot boxes. 

It was agreed by counsel for the respective parties that the ballot boxes referred 
to in the testimony may be delivered to the city clerk, who is to have charge of same 
until brought before the notary for further proceedings. 

The taking of testimony was hereupon, at the hoiu" of 4 p. m., adjourned until 
9 o'clock to-morrow morning, February 22, 1917, at the hour of 9 o'clock a. m. 

I certify that the foregoing is a true and correct transcript of all proceedings had 
before me this 21st day of February, 1917. 

[seal.] " James S. Allex, 

Notary Public, Jackson County, Mich. 

Thursday, Febru.iry 22, 1917. 

Proceedings were resumed at 9 o'clock a. m., February 22, 1917, pm-suant to 
adjom-nment taken the day before, with the same parties present. 
. It is conceded by both parties hereto that the boxes at the present time are in the 
same condition as' to sealing and locking as when they were produced before the 
board of county canvassers at the time of the county canvass on November 23, 1916, 
when the ballots were recounted for the office of coroner. 

At this point in the proceedings the ballot boxes used in the first precinct of the 
second w^ard at the November, 1916, election were opened by the notary for the 
purpose of recounting the ballots for the office of Representative in Congress. 

It is conceded that before the ballot boxes were opened the condition was as fol- 
lows: They are cylindrical iron boxes. They have remoA-able covers, wliich are 
secured in place on one side by a hasp, staple, and lock, and on the other side by 
the handle used to work a pair of rollers on the inner side of the top between which 
the ballots when inserted pass, which handle fits into a slot in the lower part of the 
box, wliich slot is in the shape of a letter L. When the top is put on the box, the 



24 BEAKES VS. BACOF. 

handle goes to the bottom. of the slot and is then given a shoit turn to the left in one 
instance and to the right in the other. After this turn is made, the hasp on the 
opposite side of the cover fits over the staple. There is no seal of any description so 
placed as to interfere with the removal of the entire top of either box. The only- 
seal upon the boxes is placed upon the top of the box and over the slot through which 
ballots are inserted. The boxes can be opened, and in fact at this hearing will be 
opened, without interfering with any seal. Upon one of the boxes there appears a 
small amount of sealing wax below the cover, and some 4 or 6 inches to the left of the 
hasp and lock. 

Only by unlocking and removing the lock from the staple can the cover of the box 
be removed or access to its contents obtained. 

These boxes have for years been used for election purposes, and there is nothing 
to indicate when the wax on the box referred to was placed thereon. 

Upon opening the ballot boxes it was found that the sealing wax referred to was not 
on the box containing the ballots to be recounted. 

The ballot box used in the first precinct of the second ward of the city of Jackson, 
at the November, 1916, election was opened and the ballots contained in such box 
cast for the various candidates for the office of Representative in Congress counted. 

The count of the ballots contained in such box showed the following results: 

The whole number of votes cast in such precinct 703 

Of which Mark R. Bacon received 352 

Samuel W. Beakes 320 

Edward J. Koch 4 

Frank E. Titus 9 

Ballots showing no choice for Representative in Congress 18 

Total 703 

The unused ballots in the ballot box are numbered from 704, inclusive. 

In the count of the ballots now in the box the law of Michigan was followed with 
regard to the marking of the ballots and the effect to be given the same. 

All the used ballots contained in the box were regularly initialed as required by the 
statute of the State of Michigan. 

Exhibit 26 attached hereto is one of the official ballots tised at said election. 

It is conceded by counsel for the respective parties that the foregoing is a correct 
statement of the condition shown by the recount of the ballots. 

The proceedings were hereupon, at the hour of 12 m., adjourned until 1.30 p.m. of 
the same day, at which time the proceedings were again resumed with the same parties 
present. 

ARTHUR F. HAVENS, a witness called on behalf of the contestant, being first 
duly sworn, was examined and testified as follows: 

Examination by Mr. Cobb: 

Q. Mr. Havens, did you take stenographically the proceedings had before the county 
board of canvassers for Jackson County, Mich., at the time such board met for the 
purpose of canvassing the votes cast in that county at the November, 1916, election?— 
A. I did. 

Q. You may state whether or not there appeared before such canvassing board 
Mr. Miller in behalf of Mr. Mark R. Bacon and myself in behalf of Mr. Samuel W. 
Beakes? — A. Yes, that is true. 

Q. I show you contestant's Exhibit 27 and ask you if that is a transcript of the 
proceedings had before such canvassing board. — A. I saw this transcript a moment 
ago and examined it, and it is the transcript I made of the testimony taken before the 
board of election canvassers and statements of counsel. This transcript contains* 
statements made by members of the board of election canvassers, the attorneys em- 
ployed in the matter, and the statements of some others. 

Q. Is that in substance a correct statement of the matters to which you refer ir your 
previous answer? — A. Yes, sir. 

Mr. Cobb. We offer in evidence contestant's Exhibit 27. 

Cross-examination by Mr. Miller: 

Q. That Exhibit 27 is a duplicate of the report you gave me? — A. It is. 

Q. I see that Exhibit 27 is bound together. Did you deliver it that way, or was it 
in the shape of loose leaves like these? — A. It must have been the same as that, 
because I didn't put this binding on. 



BEAKES VS. BACOISr. 25 

Q. Then these 49 sheets that I hand you now are duplicates of Exhibit 27? — 
A. Yes, sir; they must be the same, because this is a carbon copy. I know the con- 
tents of the above statement of my testimony, and same is correct. 

Arthur F. Havens. 
Subscribed and sworn to before me this 22d day of February, 1917. 
[seal.] James S. Allen, 

Notary Public, Jackson County, Mich 

GEORGE E. VAN CAMP, recalled for further examination by Mr. Brown: 

Q. I show you yellow instruction ballot marked "Contestant's Exhibit 24" and 
ask you to look upon this exhibit and tell me in whose handwriting the following 
words and figures are: "Split Republican, 175; Democratic, 158; blanks, 5." To the 
right of these figures, in a blue circle. "703." — A. Well, they are not mine. I 
imagine they are Charles Barckus's. They look very much to me like his hand- 
wi'iting. ' • 

Q. Do you know where and when this paper was used with reference to the counting 
of the votes there?— A. Well, I think I do. 

Q. Explain as much of it as you can. ^^^lere was it used? — A. It was used at the 
election by the election board. 

Q. In counting the ballots? — A. In counting and figuring them up. 

Q. What does the 703 mean? — A. That means the total ballots cast. 

Q. What does the 175 split Republicans mean? — A. Well, that means 175 Republi- 
can split tickets. 

Q. And underneath that, "Democratic, 158." What does that mean? — A. That 
means the split Democratic ballots. 

Q. In tallying the split Democratic tickets that night, did you have those tickets 
in one pile at one time? — A. We had them in one pile at one time, but we separated 
them. Mr. Lewis and Mr. Coppins took part of them and counted them. 

Q. They took part of them and counted them? — A. And counted them. 

Q. About what part of those split tickets did they take? — ^A. About one-half. 

Q. "WTio took the other half? — A. Billman and myself. 

Q. I show you paper marked "Contestant's Exhibit 17," and ask you to look upon 
that paper and tell me the number of votes for Mr. Beakes and Mr. Bacon that you 
counted in the part of the split tickets that you and Mr. Billman took. — A. Mr. 
Beakes, 68; and Bacon received 12. 

Q. Is that Exhibit No. 17 one of the papers that you used for tallying and counting 
those votes there at that election? — A. It is. 

Q. That paper. Exhibit 17, shows the tally, does it not, for the office of Representa- 
tive in Congress in that precinct so far as the same relates to the part of the 158 split 
Democratic votes that Mr. Billman and yourself counted? — A. It does. 

Q. I show you paper marked "Contestant's Exhibit 19" and ask you if that is one 
of the papers that you used at that time for the purpose of tallying the votes of that 
precinct for Representative in Congress? — A. I imagine it is one that Fred Lewis 
used. The-re isn't any of my writing or my figures on it. 

Q. On the right-hand end of this exhibit I call your attention to the words and 
figures as follows: 

" Beakes. Bacon. 
65 12 

68 12" 

and ask you to look at those words and figures and tell me who wrote them, if you 
know. — A. I don't know, but I think Fred Lewis. 

Q. Mr. Van Camp, did the board of election inspectors of that precinct make a 
mistake in tallying the number of votes cast in that district for the ofiice of Represent- 
ative in Congress? — A. They certainly did. 

Q. Did the vote that Mr. Billman and yourself tally upon Exhibit 17 for Mr. Beakes 
get into the total vote given for Mr. Beakes in that precinct in yom- return to the 
board of county canvassers? — A. I could not say, but I am of the opinion that it did 
not. 

Q. The 68 votes that you tallied for Mr. Beakes that appear upon Exhibit 17 are the 
ones that you think did not get into the count, are they not? — A. That is my opinion. 

Q. The board of election inspectors returned to the board of county canvassers that 
Mr. Bacon received in that precinct 349 votes, did it not, as shown upon Exhibit 19? — 
A. I think so; yes. 

Q. Well, they did, didn't they? — A. I believe so. 



26 BEAKES VS. BACON. 

Q. And the board of inspectors also returned that Mr. Beakes received 238 votes in 
that precinct? — A. I think so. 

Q. I call your attention to the figures written in ink at the top left-hand corner of 
Exhibit 19 and ask you who made those figures? — A. I couldn't tell. I think it was 
Mr. Lewis. 

Q. You think it was Mr. Lewis? — A. Yes, sir. 

Q. Those figures are as follows, are they not? — 

"155 
194 

349 
238 

111" 
A. Yes, sir. 

Q. And you think those are in Mr. Lewis's handwriting? — A. I think so. 
Q. Upon this Exhibit No. 19 just to the right of the words "Instruction ballot" 
appear the following figures: 

"93 

145 

238" 
Those figures so appear, do they not? — A. Yes, sir. 

Q. Do you know who made those figures?— A. I think Mr. Lewis made them. 

Q. In counting those ballots in that precinct for the office of Representative in Con- 
gress, did the election inspectors sort out one pile of ballots that they marked "Demo- 
cratic straights, 145"? — A. They did. 

Q. And upon Exhibit 19 appears the figures "Beakes, 65," does it not, that you 
think is in Mr. Lewis's handwriting? — A. Yes, sir. 

Q. Did you also have at that time a pile of ballots in which you counted 28 for Mr. 
Beakes? — A. I don't remember those. 

Q. Do you know whose figures are upon Exhibit 19 at the left-hand bottom of the 
ticket of the exhibit? — A. I think they are Mr. Lewis's. 

Q. You say you think the figures in ink at the lower left-hand corner of Exhibit 19 
are in the handwriting of Mr. Lewis? — A. I do. 

Q. Those figures are: 

"65 
28 

98" 
are they not? — A. Yes, sir. 

Q. At the top right-hand corner of exhibit 19 in the handwriting of Mr. Lewis are the 
figures: 

"93 
145 

238" 
that you credited to Mr. Beakes, did you not, in your election return? — A. Yes, sir. 

Q. Then if you returned to the board of county canvassers that Mr. Beakes had 
received 238 votes, and that 238 was made up of straights 145 and 93, then the 68 votes 
tallied for Mr. Beakes upon Exhibit 17 by Mr. Billman and yourself were not included 
in the total vote so returned by you to the board of county canvassers for Mr. Beakes, 
were they? — A. I don't think they could have been, on account the figures don't occur 
here on this sheet. 

Q. Can you take these Exhibits, No. 24, 17, and 19, and any other returns that the 
board of election inspectors of this precinct made at that time and show where the 
68 votes that Mr. Billman and yourself tallied for Mr. Beakes upon Exhibit 17 entered 
into your total vote for Mr. Beakes? — A. I can not. I cah explain this 28 votes now, 
on Exhibit 19. This 28 here is votes that Lewis and Coppins had left when Billman 
and I got ours tallied, and we counted those and that makes those 28. Because they 
had quite a few left and Billman and I finished them up. 

Q. Then the 238 votes that were credited to Mr. Beakes in that precinct are made up 
of what you counted as 145 straight Democratic votes, 65 splits counted by Lewis and 
Coppins and 28 votes counted by Billman and yourself? — A. Yes, sir. 

Q. Then in figuring the total vote of Mr. Beakes in that precinqt, you left out en- 
tirely the 68 votes that Mr. Billman and yourself tallied for Mr. Beakes upon Exhibit 
17, did you not? — A. That is my opinion that they did. 



BEAKES VS. BACON. 27 

Q, Can you now testify as to whether the 28 votes that you say Billman and yourself 
counted after you finished counting the 68 votes and 12 votes mentioned upon Exhibit 
17, are Democratic splits or Republican splits? — A. I can't say. 

Mr. Brown. I now offer in evidence Exhibits 17, 19, and 24. 

Q. Mr. Van Camp, you saw these exhibits containing these figures at the time the 
board of county canvassers were in session in this county, did you not? — A. I did. 

Q. And you were summoned before the board of county canvassers before there was 
any recount of the ballots and asked if you thought you could take these figures upon 
these exhibits and correct your return to the board of county canvassers so far as related 
to the vote given for Representatives in Congress and you said that you thought you 
could, did you not? — A. I did. 

Examination by Mr. Cobb: 

Q. Mr. Van Camp, you saw the exhibits to which attention has been called before 
there was any recount of the ballots in the first precinct of the second ward, did vou 
not?— A. I did. 

Q. And you may state whether or not upon examining those exhibits and before any 
recount had been made you were satisfied a mistake had been made by the board of 
inspectors in returning the ballots cast for the various candidates for the office of Rep- 
resentative in Congress ? — A . Yes , sir ; I was . 

Q. Now, Mr. Van Camp, the mistake that was made by the board of inspectors of 
that precinct was not in counting the ballots but in retm'ning the ballots after the 
count had been made, was it not? — A. Yes, sir. 

Cross-examination by Ml". Miller: 

Q. Youdidn't put Exhibit 17 into the ballot box? — A. No, sir. 

Q. You didn't put any tally sheets into the ballot box, did you? — A. I don't know 
whether we put in one or whether TTe didn't. 

Q. You know that the law requires that one copy of the tally sheets shall be pre- 
served in the box together Avith the ballots? — A. I don't remember what the law does 
read in regard to that. 

Q. Where are the other tally sheets that were used in tallying the votes for this 
ofiice? — A. I couldn't tell you. 

Q. How many of these instruction ballots were there in the booth? — A. Oh, there 
were quite a good many of them. I don't know exactly. 

Q. You didn't use them all up for scratch paper? — A. Oh, no. 

Q. You take a pencil and take down these figures: 145, 93, 68, and add them up. 
What do they make?— A. 306. 

Q. If those 68 votes that you have testified about for Mr. Beakes never got on the 
tally sheets and were not returned, then as the ballots stood at the time of the election 
Mr. Beaks was entitled to 306 votes, wasn't he? — A. Well, I suppose so. ' 

Q. To the best of your recollection? — A. Yes, sir. 

Q. Now take 349 and 12 and add them together. — A. 361. 

Q. And if the tally on this sheet. Exhibit 17, didn't show in the original returns 
as you have testified Mr. Bacon was entitled as the ballots then stood to 361 votes. 

Mr. Brown. We object to that because it contains something that the witness has 
not sworn to. The witness testified that the 68 votes for Mr. Beaks didn't get into 
the returns and he has not testified the 18 for Mr. Bacon didn't get into the returns. 

Q. Did the 12 votes for Mr. Bacon get into the returns? — A. I am of the opinion that 
they did not. 

Q. Then, if they did not, Mr. Bacon was entitled to 361 votes, wasn't he? — A. I 
don't know. 

Q. Anyhow, Mr. Van Camp, 306 votes are not 320 votes, are they? — A. Not quite. 

Q . Now, you say that you took 28 votes from Mr. Lewis and Mr. Coppins and counted 
them? — A. Well, there may have been more than that many votes, but there were 
that many that should have been for Beakes. 

Q. Why didn't you tally those votes on your tally sheet. Exhibit 17? — A. We 
tallied those on another one that hasn't shown up yet. 

Q. Where is the other one1—k. Well, it is one that Barckus failed to find when he 
went up there. At least I haven't seen anything of it. 

Q. How may Bacon votes were there in that pile that had the 28 Beakes votes ia 
it? — A'. I don't remember. 

Q. Who showed you these exhibits for the first time?— A. If I remember right, you 
showed them to me. 

Q. That was before the board of canvassers on or about November 23?— A. Yes, sir. " 

Q. You didn't see them in Barckus's possession at all then? — A. No. 

Mr. Miller. That is all. 



28 BEAKES VS. BACON. 

Redirect examination by Mr. Cobb: , 

Q. Mr. Van Camp, Mr. Miller has asked you where the other tally sheet was that 
you made on these sample ballots in counting the votes. Is it not a fact that no other 
such tally sheet was made and that as to the balance of vote on Representative the 
votes were read to Mr. Lewis and by him placed upon the return? — ^A. That might 
have been the case. It kind of occurs to me that he did do that. I might have read 
it to him and he tallied it onto one of those other sheets and I might have put it on 
there. 

Mr. Miller. On what other sheets? — A. It might have been on one of those other 
sheets furnished us by the city clerk. 

Mr. Miller. If it was on one of the sheets furnished by the city clerk, then those 
28 votes show in the original returns, don't they? — A. I remember now that it wasn't, 
because Lewis and Coppins was using the book at the time. We tallied them on a sheet 
similar to those instruction ballots. 

Mr. Miller. And that tally is one of the ones that isn't here? — A. Yes, sir. It is 
my recollection that we used in counting the ballots another one of these yellow in- 
struction ballots as a tally sheet, which is not here. 

I know the contents of the foregoing statement of my testimony, and the same is 
correct. 

George Van Camp. 

Subscribed and sworn to before me this 22d day of February, 1917. 

[seal.] James S. Allen, 

Notary Public, Jackson County, Mich. 

CHARLES F. BARCKUS, recalled for further examination by Mr. Brown. 

Q. Mr. Barckus, I show you instruction ballot marked "^Exhibit 24" and call 
your attention to the words and figures in blue pencil at the top right hand corner 
and ask you in whose handwriting that is? — A. Mine. 

Q. What are the words and figures in blue pencil? — A. "Splits, Rep. 175; Dem. 
158." 

Q. Something else there ? — A. "Blanks 5." 

Q. At the right of those figures in the blue circle you find what? — A. "703." 

Q. What does the 703 represent? — A. The total vote cast in the precinct. 

Q. As those ballots were separated by the board of election inspectors there was 
there one pile that totaled Republican 175? — A. To the best of my recollection there 
were. 

Q. And was there one pile of democratic splits that totaled 158? — ^A. Same answer. 

Q. Was there a mistake made by the election inspectors in figuring the total number 
of votes received by Mr. Beakes in that precinct for Representative in Congress? — A. 
I think there was. 

Q. How soon after the election did you find that out? — A. Possibly a day or two. 

Q. Did you appear before the board of county canvassers before there was any 
recount of these ballots at all and tell that board that you thought a mistake had been 
made and that if you were given the use of contestant's Exhibits 17, 19, and 24 that 
you thought that you could correct the mistake? — A. I did. 

Q. I call your attention to the words and figm-es on the right hand margin of the 
front of Exhibit 19 and ask you in whose handwriting the words and figures are? 

"Beakes. Bacon. 
65 12 

68 12" 

A. That is impossible for me to answer. I don't know who wrote that. 

Q. I call your attention to the tally of Beakes and Bacon near the top of Exhibit 
17 that appears 

"68 Beakes 
12 Bacon" ■ • 
and ask you who made that tally and those figures if you know? — A. I will answer that 
in this way. I am not well versed in regard to the handwriting of either of the parties 
that made it, but Mr. Billman and Mr. Van Camp counted this, but now whose hand- 
writing this is I couldn't say because I didnl't see it wrote. 

Q. Were these three exhibits that I have called your attention to made by that 
• board of election inspectors during the time they were counting the ballots of that 
precinct? — A. They were. 

Q. This board returned that Mr. Beakes received 238 votes, did it not? — A. That 
is our return. 



BEAKES VS. BACON. 2^ 

Q. Was the tally of 68 votes credited to Mr. Beakes on Exhibit 17 included in the 
238 votes?— A. No, sir. 

Q. Can you tell me what figures did make up the 238 votes that Mr. Beakes is 
credited with having received in that precinct? — A. Well, I can in a way. 

Q. Did you have a pile of tickets separated that you called 145 straight Democratic 
tickets?— A. I did. 

Q. Did you have a pile of split tickets that you counted 65 votes for Mr. Beakes 
in? — A. I didn't count them. 

Q. Well, was there one there? — A. Supposition they was there; yes, sir. 

Q. W^as there also a pile there in which he was credited with 28 votes?^A. Split 
Republicans. 

Q- Do you remember those? — A. I think I can call it to memory; yes, sir. 

Q. Now, I wish, Mr. Barckus, you would tell me just how you figured that Mr. 
Beakes got 238 votes, if you can? — A. I think I can. We had 145 Democratic straight 
tickets and we added 65, I think they were Democratic splits from the first batch, 
and 28 Republican splits, which was added together and makes a total of 93, added ta 
145, gave us our total of 238. 

Mr. Brown. I think that is all. 

Cross examination by Mr. Miller: 

Q. You didn't put any tally sheets at all in the box, did you? — A. I think not. 

Q. Why didn't you? — A. It might have been an oversight; I don't- know. 

Q. You know the law requires it, don't you? — A. I think it does. 

Q. How long after the election was it that you went iip and got those yellow sheets? — 
A. As I stated yesterday, we went up there Thursday night, I think. 

Q. How long did you keep them? — A. I kept them until the next day. 

Q. What did you do with them then? — A. Well, in the first place, in the morning 
going down I took them to Mr. Lewis's house and showed him what I found and'then 
I took them to the city recorder. 

Q. Did you leave them with him? — A. No, sir. 

Q. Did you take them to the board of canvassers?— A. Yes, sir. 

Q. When?^ — -A. Took them to the board of canvassers in person. 

Q. When? — A. ^Vhen up here in session. 

Q. How long after you took them to the city clerk's office? — -A. Same day. 

Q. That would be on the 10th of November, would it? — -A. I don't know just the 
date; I couldn't say the date. 

Q. Haven't you forgotten something that you did with them? — A. I don't think I 
have. 

Q. Didn't you take them first to Mr. Cobb's office?— A. I didn't take them first; no, 
eir; I did not. 

Q. I am reading from page 31 of Mr. Havens's notes. Did the following take place 
before the board of canvassers: "Mr. Cobb. ^^Taat do these figures mean here? Mr. 
Barckus. I think I had 15 tallies and signed my name to them after I enumerated 
them in order. Mr. Cobb. "When did you put those initials on there? Mr. Barckus. 
The morning after I got them at night and I delivered them to you so I could identify 
them what I did it for." Does that refresh your recollection any? — A. I didn't de-. 
liver them to him at all. 

Q. You didn't deUver them to him? — A. No, sir; I did not. 

Q. Well, then, that statement on page 31 isn't true?— A. I don't care; you people 
are just as hable to make mistakes on those statements as I am. I didn't read what is 
on those statements, whether it is true or not. 

Q. Take page 31 of Mr. Havens's notes and read it and see if I read it correctly to 
you.^ — A. He read it correctly to me according to this paper; yes. 

Q. If you made that statement, it wasn't true, was it?— A. I didn't deUver them ta 
Mr. Cobb. 

Q. And you swear now that you delivered them to the board of canvassers the 
morning after you found them? — A. While they were in session. 

Q. Where are the other tally sheets on the yellow sample ballots? — A. I can't tell 
you. That is all I found.. 

Q. As a matter of fact, the only tally sheets you were looking for was Exhibit 17? — A. 
I wasn't looking for any. 

Q. Now, of yom- own knowledge, you don't know whether those tally marks were 
called off and transferred into the tally-sheet books, Exhibit 5 and 6, or not, do 
you?^ — 'A. I do not. 

Mr. Miller. That is all. 



so BEAKES VS. BACON. 

Redirect examination by Mr. Brown: 

Q. You do know that the 68 votes credited to Mr. Beakes were not credited in the 
231 votes credited to Mr. Beakes in the tally book? — -A. According to the number on 
this sheet of 68 are not credited on the tally sheet. 

Q. The tally sheet gives Mr. Beakes credit for 145 straights and 95 splits, and the 
splits are made up of 65 votes and 28 votes, are they not? — 'A. A total of 93. 
Q. So that the 68 votes on Exhibit 17 could not have entered into the 93 or the 145 
that made up the total of 238 votes, as shown in the tally sheet returned? — A. They 
were not. 

Mr. Brown. That is all. 

Recross-examination by Mr. Miller: 

Q. Tally sheet. Exhibit 5, credits Mr. Beakes with 88 split votes, doesn't it? — ^A. 
Not our figures in ink. 

Q. Look at the tally marks. -^A. I say I am taking our figures, the totals we carried 
out. 

Q. Look at the tally marks on Exhibit 5 opposite the name of Samuel W. Beakes and 
tell me whether or not they are 88 in number. — -A. According to the columns on the 
tally sheet in ink is only 88, but carried out as 93. 

Q. Each one of those tally marks is supposed to represent one vote. — A. When I was 
clerk of election I counted each mark as a tally; yes, sir. 

Q. And that is the original tally sheet that came back sealed to the canvassing 
board and upon which it acted, is it not? — A. Why, it looks as though it might be; 
yes, sir. 

Q. You know it is, don't you? — -A. I guess it is. . 

Q. And the figures in pencil which you refer to in the three columns at the right 
were placed there by the canvassing board? — A. In pencil? 

Q. Yes. — A. I could not say who placed them. 

Q. How do you explain the difference between the two tally sheets? You can't, 
can you? — A. I would rather leave that to the gentleman that wrote it. 

Q. That is, you can't explain it? — A. No, sir; I can't. 

Q. And you don't intend to try? — -A. No, sir. 

Mr. Miller. That is all. 

I know the contents of the foregoing statement of my testimony, and the same is 
correct. 

Mr. Miller. Just one more question, Mr. Barckus. 

Q. After about half or two-thirds of the canvass of the votes for this office was 
finished, you took up another part of the work, didn't you? — A. In regards to saying 
half or two-thirds of the work, I am not in a position to say it was that much, but 
there was a time that I did take up some other work. 

Q. So that you personally weren't engaged upon the count of the votes for this 
office during its entire time? — A. Nor the rest of the offices. 

Mr. Miller. I think that is all. 

I know the contents of the foregoing statement of my testimony, and the same is 
correct. 

Chas. F. Barckus. 

Subscribed and sworn to before me this 22d day of February, 1917. 

[seal.] James S. Allen, 

Notary Public, Jackson County, Mich. 

GIFFORD N. BILLMAN, a witness called by the contestant, being first duly 
sworn, testified as follows: 

Direct examination by Mr. Brown: 

Q. You were one of the inspectors of the first precinct of the second ward the last 
election?^ — A. Yes, sir. 

Q. And you assisted in the canvass of those votes in that ward for Representative 
in Congress? — A. Yes, sir. 

Q. Do you recognize contestant's Exhibits 17, 19, and 24 as being papers that were 
made by your board in the canvass of that vote? — ^A. I recognize that one. 

Q. You recognize Exhibit 17? — A. I do. 

Q. In whose handwriting are the words and figures on Exhibit 17? — A. Mr. Van 
Camp's. 

Q. Did the board have a pile of spUt Democratic tickets that were divided, Mr Van 
Camp and yourself taking a part of them and Mr. Lewis and Mr. Coppins taking the 
balance of them to count? — A. Yes, sir. 



BEAKES VS. BACOlSr. 31 

Q. About how were they di\T.ded as to numbers; about half and half? — A. I should 
say about half; yes, sir. 

Q. Did Mr. Van Camp and yourself tally part of them? — A. I read them and he 
tallied them. 

Q. How many votes were there in those tickets tallied by Mr. Van Camp and your- 
self for Mr. Beakes? — A. Well, all I know is what the paper shows. 

Q. What does the paper show? — A. You said for Mr. Beakes? 

Q. Yes, sir.— A. 68. 

Q. Did you have a pile of straight Democratic tickets there that night or the day 
time of 145? — -A. Not that I had anything to do with. 

Q. You don't remember about that? — A. No, sir. 

Q. Was tliis Exhibit No. 17 used by Mr. Van Camp and yourself to tally that pile 
of split Democratic tickets in the place of a tally book? — A.' It was. 

Q. And those tickets that you counted, wherein Mr. Beakes received 68 votes and 
Mr. Bacon 12 votes, as shown on Exhibit 17, were tallied on Exhibit 17 and not on any 
tally sheet, were they not? — A. Well, they were tallied on tliis, but outside of that 
I don't know whether they were tallied or not. 

Q. Mr. Van Camp and yourself didn't tally them on any tally sheet? — A. No, sir. 

Q. You simply talUed them on Exhibit 17? — A. That is all. 

Q. How soon after election did you learn that you had made a mistake in the tally 
or count of the number of votes cast for Mr. Beakes in your precinct? — A. Well, I 
didn't learn until the board of canvassers come here. 

Q. Until summoned by the board of canvassers? — A. Yes, sir, 

Q, Were you sho"wn Exliibit 17 at that time by the canvassers? 

Mr, Miller. I concede all that, that he was shown not only these but also the 15 
varieties of other papers. 

Q. Were you satisfied that there had been a mistake in the return of the niunber 
of votes cast for Mr. Beakes in this district before these ballots were ever recoiuited 
at all? — A. No, sir. 

Q. When did you first satisfy yourself that a mistake had been made in your return 
of the number of votes cast for Mr. Beakes in your precinct? — A. I never was satis- 
fied until to-day. 

Mr. Brown. I think that is all. 

Cross-examination by Mr. Miller: 

Q. As I understand it, the split votes were first tallied on these yellow sheets and 
then were called back and were tallied into Exhibits 5 and 6 from those yellow 
sheets. Is that correct? — A. On what I helped count, it was that way. 

Q. As to the rest of the count on tliis office, you don't know? — A. No, sir. 

Q. And for the most part you were engaged in counting the city and amendment 
ballots? — A. Yes, sir. 

Mr. Miller. That is all. 

Redirect examination by Mr. Brown: 

Q. Do you mean to say that Mr. Van Camp and yourself after counting the votes 
that are tallied on Exliibit 17, the yellow sheet, placed such figures and tallies in 
either of the tally books? — A. I did not. 

Q. You do not want to be understood as saying that the 68 votes credited by Mr. 
Van Camp and yourself upon Exhibit 17 were ever placed in either of the tally books 
by either of you, do you? — A. They were not by m6. 

Q. And they' were not by Mr. Van Camp to j^our knowledge? — A. Not to my 
knowledge. 

Q. So that the 68 votes on Exhibit 17 were never included by you or by Mr. Van 
Camp to your knowledge in the 238 votes that are included in the tally sheet and 
credited to Mr. Beakes, are they? — A. They were not by me, or to my knowledge by 
Mr. Van Camp. 

Q. And if these 68 votes so received by Mr. Beakes were not included in the tally 
sheet or count of the Beakes' votes by your board that might account for the mistake 
made by your board in counting the Beakes' vote? — A. It might. 

Q. It might account for part of them. 

Recross examination by Mr. Miller: 

Q. You don't know whether these 80 votes on Exhibit 17 are in the two tally sheets, 
Exhibits 5 and 6, or not? — A. I do not. 

Q. If something has been left out of those two tally sheets, as far as you know, it 
might have been something entirely different from what shows on Exhibit 17? — 
A. It might have been for all that I know. 



32 BEAKES VS. BACON. 

Redirect examination by Mr. Brown: 

Q. You do know that your board of election inspectors made a mistake in counting 
the votes cast for Mr. Beakes in that precinct? — A. No, I don't. 

Q. You do know that your board made a mistake in returning to the board of county 
canvassers the number of votes cast for Mr. Beakes in that precinct, do you not? — 
A. That is different. Yes, sir. 

Q. What you mean to say is, that you do not know exactly how you came to make 
the mistake in your return, isn't that it? — A. Yes; I don't know how. 

Q. You counted the votes, but didn't return all you counted; is that it? — A. Well, 
I don't know that I counted the votes, that is all of them. 

Q. I mean your board counted them as far as you know? — A. Yes, sir. 

I know the contents of the foregoing statement of my testimony, and the same is 
correct. 

GiPFORD N. BiLLMAN. 

Subscribed and sworn to before me this 22d day of February, 1917. 

[seal.] James S. Allen, 

Notary Public, Jackson Couni,y, Mich. 

At this point, at the hour of 5.15 p. m., the proceedings were adjourned by direc- 
tion of the notary public until 10 o'clock a. m. of the following day, February 23, 1917. 

I certify that the foregoing is a true and correct transcript of all proceedings had 
before me this 22d day of February, 1917. 

[seal.] James S. Allen, 

Notary Public, Jackson County, Mich. 

Friday, February 23, 1917. 
The proceedings were resumed at 10 o'clock a. m., Friday, February 23, 1917, 
pursuant to adjournment taken the day before, with the same parties present. 

FRED N. LEWIS, called as a witness on behalf of the contestant, being first diily 
sworn, was examined and testified as follows: 

Direct examination by Mr. Cobb: 

Q. Mr. Lewis, you were one of the inspectors of election in the first precinct of the 
second ward at the November, 1916, election? — A. Yes, sir. 

Q. You were present during the time the vote was cast and counted? — A. Yes, sir. 

Q. In counting the vote, Mr. Lewis, you may state what course was pm-sued? — A. 
Well, in the first place the ballots were straightened out and separated and straight 
Republican and straight Democratic and split tickets in other di\'isions. 

Q- Well, then what did you do? — A. Well, I think the straight tickets were counted, 
and entered on the tally sheets. ' 

Q. Was there a nrustake made in counting and entering the straight Democratic 
vote? — A. I don't think so as the vote was put up there; if I remember right the 
Democratic vote was 144. 

Q. I show you contestant's Exhibit 6, page 6, and ask you if the record was not 
changed with reference to the straight Democratic and straight Republican votes. — ■ 
A. I know that it was in the Rei^ublican vote, but the Democratic vote I didn't 
remember that it was. 

Q. If only the Republicaxi vote was changed, why was there any erasure or scratch- 
ing of the figures showing the Democratic vote?— A. Well, that I don't remember, but 
that straight Republican vote I know- was entered wrong at first. 

Q. Had too many straight Republicans, did you? — A. Yes, sir. 

Q. How could yoii correct it without correcting both the Republican and Demo- 
cratic vote? — A. I don't remember what the Democratic vote was. 

(Question read.) 

A. .Why, if the Democratic vote was entered, it didn't have any combination with 
the I^pulDlican vote. As I remember the Republican vote was called to us as 247. 

Q. You could not correct one, Mr. I^ewis, without correcting the other, could you, 
and have it show the correct condition? — A. If one of them was entered right, if for 
instance it the Democratic vote was entered right, it would not need any change as 
called to us. 

Q. But you know from looking at the book neither was entered right and both were 
erased and scratched out? — A. It looks like it, but I don't remember. 

Mr. Miller. Do you mean by that they are wrong on the book now or they were 
wrong on the book in the first place and then taken out and corrected? 

A. I think they were wrong in the first place and taken out and corrected. 



BEAKES VS. BACON. 33 

Q. As the A'ote was originally entered in the tally sheet returned, you had 247 
straight Republican votes, did you not? — A. That was as I remembered it; yes, sir. 

Q. And 92 straight Democratic votes? — A. I didn't remember what that was. 

Q. Well, just deduct — make a computation there and see if that tvas not correct. — 
A. Yes; that leaves 92. 

Q. So you had added 53 straight Democratic votes to the straight Republican voles, 
had you not? 

Mr. Miller. Mr. Cobb is using the word you straight through. I woidd like to 
have it specified whether he means you or the board. 

Mr. Cobb, i mean the board. 

A. \\'ell, I don't — now that was counted by some of the men and returned to us. 

Q. No matter how it happened, I am asking you now about that. As a matter of 
fact 53 straight Democratic votes were added to the straight Republican votes, were 
they not, and so put in the book? — A. I do not remember any such computat'^on. 

Q. Have you not yourself just made the figures and is that not the inevitable result 
as shown by the figures you have made? — A. No. 

Q. Hovv did it happen that 247 votes you claim to have first entered as straight 
Republican votes were reduced to 194 straight Republican votes? — A. I couldn't 
tell you that only that the correction was made. 

Q. It was accomplished by substracting from the 247 stright Republican votes 53, 
was it not? — A. I could not tell you. 

Q. Do you mean to say that 53 substracted from 247 does not leave 194, the exact 
number that you put in your tally sheet return as the straight Republican vote in that 
precinct? — A. 53 from 247 leaves 194, but whether that was substracted there or the 
mistake discovered by some of the other members and called I could not say; I don't 
remember about that. 

Q. Can you make any explanation other than the one I have called your attention 
to as to how your 247 straight Republican votes were reduced to 194? — A. Well, 
now 

Q. You can say whether you can or not. If you say you can, I will then ask j^ou to 
do it. 

Mr. Miller. I object to the question because Mr. Cobb has not offered any explana- 
tion. All he has offered is an arithmetical computation. 

Q. You understand the question, do you, Mr. Lewis? — A. Yes, sir. I couldn't 
offer that as an explanation. 

Q. Can you or can you not suggest any other reason for reducing the straight Re- 
publican vote from 247 to 194 other than the explanation I have suggested, which is 
that 53 straight Democtatic votes were subtracted from the 247? 

Mr. Miller. Let the record show this: The witness started to make an answer, and 
I desire exactly what the witness started to say to appear upon the record, and I insist 
that the witness's answer now be taken by the reporter. 

Mr. Cobb. That the witness started to make the explanation, which was not an 
answer to my question and I insist upon a direct answer to my question after which, 
if he desires to make any explanation, an opportunity to do so will be afforded him. 

( Last question read to witness.) 

A. Yes. 

Q. You may state your explanation. — A. I can't say what the figures were, whether 
they were straight Democratic votes or whether they discovered the error in the count 
of the Republican ballots. 

Q. Is it not a fact that the straight Democratic vote in that precinct was originally 
entered in the tally sheet to be returned as 92?— A. I didn't remember it as that, but 
it looks like it now. 

Q. How does it happen that you are able to remember the 247 as being the straight 
Republican vote as originally determined and can not remember the straight Demo- 
cratic vote as originally found? — A. I can't say. 

Q. You know of nothing which fixed in your n;ind anything which will enable you 
to explain why you should remember one more than the other? — A. I do not. 

Q. You now state that it looks to you as though the straight Democtatic votes were 
originally counted as 92. I now ask you that in view of this conclusion you are not 
also of the opinion that the difference between 92 votes and the 145, being 53, was 
not used in reducing the 247 straight Republican votes as originally determined to 
194? — A. I don't remember. 

(Question read.) . . , , t 

A. I can't look at it in that way; I don't think so. And m explanation of thatl 
will say that I don't remember that was used in connection with the Democratic 
votes. Those figures were used, but whether as Democratic votes or not, I couldn't 
say. 

96694r— 17 ^3 



34 BEAKES VS. BACON. 

Q. Who made the figures in the tally sheet returned, being contestant's Exhibit 
5?— A. Mr. Coppins, I think. 
Q. You did not make them? — A. Not in that book. 

Q. In both tally sheets returned, being Exhibits 5 and 6 for contestant, the straight 
Democrat vote and the straight Republican vote were changed on page 6 in four 
places, were they not? — A. Yes, sir. 

Q. Mr. Lewis, you made the mistake yourself of placing 53 Democratic straight 
votes among the Republican straight votes, did you not? — A. I don't think so. 
Q. Will you say you did not? — A. No, I couldn't say I did not. 
Q. You were before the board of county canvassers, were you, Mr. Lewis? — A. I 
was here; yes, sir. 

Q. You knew that an effort was being made to have the election inspectors in this 
first precinct of the second ward correct its return? — A. Yes, sir. 

Q. You knew at that time, Mr. Lewis, a mistake had been made? — A. I thought so. 
Q. In returning the votes cast in that precinct for the various candidates for Repre- 
sentative? — A. Yes, sir. 

Q. You declined to participate in any effort to correct that mistake, did you not? — 
A. I don't think so. 

Q. Were you asked to do so? — A. Yes, sir. 

Q. And did you not decline?— A. I said I didn't think I could do it. 
Q. Were you asked to try and did you not decline to undertake it? — A. You asked 
me to try yourself, if I would get together with those men and see if we could correst 
that. I mean by those men the other members of the board, and I told you that I 
would. 

Q. Did this occur before the canvassing board when the board of inspectors were 
requested to correct their return: "Mr. Flowers (to Mr. Burckus): Could you make 
and sign one that is absolutely right? Mr. Barckus: I think I can. Mr. Flowers: 
Could you, Mr. Billman? Would you be willing to sign such a certificate? Mr. 
Billman: I would do the best of my ability to correct it. Mr. Flowers: W^ould you, 
Mr. Van Camp? Mr. Van Camp: I would to the best of my ability, if we can find the 
mistake. Mr. Flowers: Could you, Mr. Lewis, make a certificate representing the 
correct vote cast in that precinct for the office? Mr. Lewis: I couldn't from any data 
that is here. Mr. Cobb: Did you count the votes, Mr. Lewis? Mr. Lems: Only a 
small portion. Mr. Cobb: Then in making up your return you took the word of some- 
body else for it? Mr. Lewis: Yes, if they were counted. Mr. Cobb: If you should 
undertake to correct these returns, you would have to take their word as you did up 
there? Mr. Lewis: Yes. Mr. Cobb: You could do it as well now as you could then? 
Mr. Lewis: We done it then. Mr. Cobb: You could do it as well now? Mr. Lewis: 
I should say not. Mr. Cobb: Why? Mr. Lewis: Because we have nothing here but 
these tally sheets, and this is notliing but scratch paper. Mr. Cobb: If you tabulated 
this vote at all, you took it from that? Mr. Lewis : If it is called from that, yes. When 
we divided these votes, Mr. Coppins and I had caught up and they gave us some and 
we counted ballots, and they counted some. We counted a portion of those on repre- 
sentative." Did you testify in that way? — A. I tMnk so. 

Q. Youtlidn't undertake, Mr. Lewis, to verify the count up there of others? — A. No. 
Q. You took their word for what they claimed to have counted? — A. Yes. 
Q. You know, do you not, that certain of these exhibits referred to as yellow sample 
ballots were tally sheets used by the inspectors in determining the result as to candi- 
dates for Representative and other candidates? — ^A. Yes, sir. 

Q. You know, do you not, that certain of the figures contained on those sheets were 
read' into tally sheet retmmed? — A. Yes, sir. 

Q. There is no more reason for your doubting their correctness now than there was 
at the time the vote was counted, is there? — ^A. No, sir. 

Q. And they could have been used by you and the other members of the board in 
an effort to correct yoiu' return with the same propriety they were used in making up 
your return, could they not? — A. Yes. 

Mr. Miller. Objected to for the reason that tmder the laws of the State of Michigan 
memlDers of this board had no right at that time to use any documents which had not 
been preserved in accordance with the law; that these alleged tally sheets on yellow 
paper had been foimd on the floor of the election booth at least 24 hours after the elec- 
tion canvass had been made; that the statements made before the board of canvassers 
showed that other tally sheets had been in existence, which were not produced before 
the board and that the'question assumes that all of the documents, formal and informal, 
used by the board in making tMs count were produced and shown to Mr._Lewis,_which 
was not the fact. The question assumes that full data were before him, while the 
admitted fact is that such was not the case. 



BEAKES VS. BACON, 35 

Q. You testified, Mr. Lewis, this morning that you offered to undertake in connec* ■ 
tion with the other inspectors who officiated with you to correct youi" return?— A. Yes. 

Q. I want to ask you if you desire to change that statement in any way. — A. I don't 
think so. I would like to make an explanation right there. 

Q. Referring to these yellow sample ballots and continuing your testimony from the 
point where I stopped reading, did you testify in this way: "Mr. Cobb: Is there any 
reason why you can not take it from them now as well as you could then? .Mr. Lewis: 
Perhaps I might. Mr. Cobb: Would you be just as willing to? Mi-. Lewis: No, sir; 
I would not."' — A. I think so. 

Q. Why would you not have taken the statements of youi" fellow inspectors at the 
time the proceedings were had before the canvassing board the same as you say you 
took such statements in counting and returning the ballots? — A. At that time, Mr. 
Van Camp was saked if he could correct that vote, and he said he thought he could, 
and his figures as he gave was 68 and 12, if I remember right, and 65 and 12 figiu'ed right 
along with them in the same group of figures, and nobodj^ knew wlxich set of figiu'es 
would correct it. That was my opinion at that time. That is the reason I made the 
statement as I did. 

Q. So you were unwilling, Mr. Lewis, to undertake to correct the return, were you 
not? — A. That was the reason. 

(The healing was hereupon, at the hour of 12 m., adjourned until 1.30 p. m. of the 
same day.) 

Proceedings were resumed at 1.30 o'clock p. m. of the same day pursuant to adjourn- 
ment with the same parties present. 

FRED N. LEWIS, recalled for continuation of examination by Mr. Cobb. 

Q. Mr. Lewis, you understood at the time we were endeavoring to obtain a correction 
from the board of inspectors in the first precinct of the second ward that the vote in 
such precinct would determine the election on the face of the returns so far as Mr.. 
Bacon and Beakes's candidacy was concerned, did you not? — A. Well, I think I did. 

Q. You refer to a group of figures, 65 and 12 and 68 and 12. Those figures are con- 
tained on the right end of the instruction ballot marked "Contestant'sExhibit 19," 
are they not? — A. Yes; those are the figures mentioned a number of times. 

Q: Well, those are the figures you referred to in next to the last answer made by you 
preceding the adjournment, are they not? — A. Yes, sir. 

Q. And I understand you to say your resaon for not undertaking to correct the return 
was that vou were unable to state whether the 65-12 or the 68-12 should be included. 
Is that right?— A. Yes, sir., 

Q. They should both have been included in your original return, should they not? — 
A. I think so. 

Q. And had you amended youi* return by including either 68-12 or 65-12, Mr. 
Beakes would on the face of the return had a majority, would he not? — A. I think so. 

Q. Mr. Lewis, you recall that a petition was circulated in that first precinct of the 
second ward addressed to the board of county canvassers requesting such board. to 
use every proper means within its power to correct this mistake and that such petition 
was signed by a large number of voters, do you not? — A. Yes; I know the petition was 
circulated, but I don't know who signed it. 

Q. You may state whether or not you declined to sign that petition. — A. I did. 

Mr. Cobb. That is all. 

Cross-examination by Mr. Miller: 

Q. Mr. Lewis, how old are you? — A. I will be 69 next November. 

Q. How long have you lived in Jackson? — A. Since 1871. 

Q. What business have you been in? — A. In the grocery business, meat business, 
building, contracting. 

Q. Are you in business now? — ^A. No; not any now. 

Q. Are you retired? — A. I have not been feeling very well for a few years and have 
not been doing much. 

Q. "^Tiere is this first precinct of the second ward in Jackson? — A. The voting place? 

Q. Yes. — A. It is on Steward Avenue; on the west side of Steward Avenue; just 
north of the Michigan Central Raihoad. 

Q. How long have you lived in that precinct? — ^A. All of the time except a year or 
two. 

Q. You mean all the time except 1871? — A. No; I lived over on the east side of the 
city for five or six years, but ever since then I have lived there. 

Q. You have lived there more than 40 years? — A. Well, about 40 years. _ 

Q. That precinct is one of the better residential parts of Jackson, is it? — A. Part 
of it. 



36 BEAKES VS. BACOlSr. 

Q. And you were elected to the office of election inspector by the people in that 
district, were you? — A. No; by appointment by the city commission. 

Q. The city of Jackson has a progressive charter, so to speak, has it? — A. Well, I 
don't know as it is progressive; depends on the way you look at it. 

Q. At this election, who counted the Democratic straight and Republican straight 
tickets? — A. I don't know as I could say just who counted them. 

Q. Did you count them? — A. No; I think not. 

Q. Did you separate the straight tickets from the split tickets? — A. Well, all the 
members of the board worked at that as they straightened them out, as I remember it. 

Q. How many members of the board were engaged? — A. I think there were six on 
the count. 

Q. You mean there were six men engaged all told in counting the various kinds of 
ballots?— A. Yes. 

Q. And you did not, as I understand you, count the straight tickets? — A. I don't 
remember that I did. 

Q. Which of these two tally sheets did you write up? — A. This one. 

Q. By this one you mean Exhibit 6? — A. Yes, sir. 

Q. Who wrote up Exhibit 5? — A. Mr. Coppins. 

Q. H. E. Coppins wrote that? — A. Yes, sir. 

Q. When you were making entries in Exhibit 6 and Mr. Coppins in Exhibit 5, 
were the numbers of the Democratic and Republican straights called off to you by 
some other member of the board? — A. Yes, sir. 

Q. And the entries in these columns were made by you according to what was 
called to you in that way? — A. Yes. 

Q. Who called those straight tickets off to you? — A. I couldn't tell you. 

Q. Did you have anj^thing to do with calling them? — A. No. 

Q. Did Mr. Coppins have anything to do with calling them? — A. No. 

Q. Do you recollect how the error in entering the Republican straights and Dem- 
ocrat straights was discovered and rectified? — A. No, I do not. 

Q. Do the figures, as they stand in these books now, represent the correct count 
of straight tickets as made by the board at that time? — A. I do think so. 

Q. Did you personally, Mr. Lewis, corruptly and dishonestly make false entries 
in this book. Exhibit 6, as to the straight tickets cast at that election? — A. No, sir. 

Q. Did Mr. Coppins act corruptly in making the entries in his book? — A. No, sir; 
he did not. 

Q. When the error was discovered, the entries were immediately corrected? — A. 
Yes, sir; tliey were erased. 

Q. And when the error was corrected, that result was that every Democratic candi- 
date at that election gained 106 votes? — A. No, sir; he gained 53 votes. 

Q. Every Democratic candidate gained 53 votes and every Republican candidate 
lost 53 votes by that correction? — A. Yes, sir. 

Q. Now, do you know who suggested the correction? — A. No; I don't. 

Q. Was that a pure error on the part of the election board in the entry of the straight 
tickets of the various parties? — A. The election board made the error. 

Q. And as those tally sheets stand now and as they stood before they were returned, 
they represent correctly the ballots at that election, do they not? — A. I don't think so. 

Q. I mean as to the straight votes? — A. Yes, sir. 

Q. Did you have anything to do with this alleged tally sheet. Exhibit 17? — A. No. 

Q. As I understand it, the split votes were first counted and tallied upon this loose 
sheet — like Exhibit 17? — A. I guess in that instance, and in that only. 

Q. Mr. Van Camp has testified that there is at least one other tally sheet tliat is 
not h'ere. — A. Like that? 

Q. Yes. — A. I don't know about that. 

Q. Do you know of your own knowledge whether the 68 votes for Beakes and the 
12 votes for Bacon, which are tallied on this Exhibit 17, were transferred into the 
tallies on Exhibits 5 and 6? — A. I don't know. 

Q. So far as your knowledge goes, they may have been and they may not have 
been? — A. Yes, sir. 

Q. Do you recollect whether Mr. Barckus circulated that petition that Mr. Cobb 
spoke about? — A. Not that T know of. 

, Q. It is a fact, isn't it, Mr. Lewis, that before the board of canvassers you were 
unable to make an acciu-ate correction and that that inability was because you had noi 
sufficient data before you? — A. Yes, sir. 

Q. Did you have any other reason?- — A. No, sir. 

Mr. Mtli.er. I guess that is all. 



BEAKES VS. BACOJST. 37 

Redirect examination by Mr. Cobb: 

Q. AMiicli of these tally sheets, Mr. Lewis. Exhiljit 5 or 6. did you make? — A. Six. 

Q. You. put down the total niunher of split ballots for Mr. Beakes on the tally 
sheet you say you made as 93, did you not? — A. Yes. sir. 

Q. How did you come to do that? — A. Well. I expect that they were called to us. 

Q. Do vou know how thev came to be put down as 88 in the other book. Exhibit 
5?— A. I do not. 

Q. You stated that you were imable to explain how certain Democratic straight 
ballots were discovered to be among the Eepublican straight ballots. For the pm'- 
pose of refreshing your recollection as to that matter, I call your attention to the fol- 
lowing, occiu'ring on the hearing before the board of county canvassers. ^Ir. Barckus 
"was asked. "Do you make any statement in relation to these figiues 247? Mr. BarckiLs: 
If you ^vill allow me to find the paper. I might enlighten you. They may he my 
figures — I don't know. I will explain that in this way: When we counted straight 
Eepublicans. they counted 247. "\Mien I took and rolled them up. I found 53 Dem- 
ocratic tickets and that is the reason. I think, the book has been erased and made 194. 
Both of the books will show ihat. I showed the 53 ballots to the members of the 
hoard and they took the names and erased these numbers. Mr. Cobb: Is that a cor- 
rect explanation? Mr. Lewis: That is the size of that." — A. I don't remember of 
Mr. Barckus doing that, nor I don't remember of the tickets being all in one pile. 

Q. Did you make the statement I have read to you? — A. I don't remember that, 
but I do think it is right. 

Q. Do you mean by that that it was your judgment that the statement I read is 
correct? — ^A. That Mr. Barckus found the error and made the correction: yes, sir. 

Q. You have ' een asked a' out the vote ha-\-ing 1 een read to you and l:'y you 
inserted in the tally sheet book. Is it not a fact that none of the ballots scheduled 
on contestant's Exhibit 17 were read to you? — A. I could not say as to that. 

Q. Look at it and see. — A. Well, I have seen it. I have seen it before. I could 
not say whether that was read to me, but I think it was read to me when they made 
it out and made the call. 

Q. If it was read to you, why did you not put down or insert in your tally look 
Beakes 68, Bacon 12, the figures appearing on that exhi it? — A. I couldn't say 
whether I put them down or not. 

Q. If the figures you put down in this tally 1 ook were read to you. why did you 
not put down Beakes 65. Bacon 12? — A. I could not say as to that. 

Q. You know. Mr. Lewis, and have so testified, that you omitted either 68 and 12 
or 65 and 12? — A. Well. now. I think tha;t is right. 

Q. That is, that either one or the other was omitted? — A. Yes. 

Q. Now. if as you claim at this time, the entire vote that you inserted in Exhi it 6 
was read to you. how do you account for not putting down all the vote? — A. I can't 
account for it. 

Q. You have been asked, Mr. Lewis, if you and Mr. Coppins acted corruptly. I 
ask you, did Mr. Van Camp. Mr. Billman, and Mr. Barckus. or any of them, act 
corruptly? — A. Xot to my knowledge. 

Q. Do you ■ elieve they did? — A. No. sir: I do not. 

Q. HaA-e you any reason for suspecting that they did? — A. No. sir. 

Q. If the vote, as counted, was read to you, what occasion was there for ta" ulating 
the vote on all the candidates as shown on Exhi it 17"? — A. The inspectors that were 
counting those allots done that. Pro" a ly we were working at something else. I 
know that they took this in that way. They counted these ^ allots, and we were 
counting some ballots at the same time, and when they got those done, why they 
would call them. That is the way I remem er it. 

Q. Do you mean to say, Mr. Lewis, that two or more of the inspectors counted the 
ballots and made tip this Exhibit 17 and then after doing that went again over all 
those 1 allots and called them to you? — A. No; called the totals, and they pro" ably 
called some of these. 

Q. What you mean by totals are the totals shown on this Exhi it 17? — A. Yes. 

Q. Then. "Mr. Le-wis. "what you mean by sajang t^iat the vote was called to you is 
that after the inspectors who counted the allots and made up the sheet, Exhi it 17, 
they called to you the results as shown on 17? — A. Yes. sir. 

Q. Now. Mr." Lewis, is this not the way the work was carried on: Two of the inspec- 
tors or clerks who were assisting in the work read to you from the ballots for a time, 
at least, and while that was being done the other inspectors were counting ballots 
and ascertaining the result of their count and putting that result down on this 
Exhi it 17? — ATMy recollection is that they weren't working at that time. Mr. 
Barckus read a lot of ballots to us. 



38 BEAKES VS. BACON. 

Q. Well, be that as it may. When this Exhibit 17 was being prepared, you were 
engaged in some other work? — A. I think so; yes. 

I know the contents of the foregoing statement of my testimony, and same is 
correct. 

Frederick N. Lewis. 

Subscribed and sworn to before me this 23d day of Fe':,ruary, 1917. 

[seal.] James S. Allen, 

Notary Public., Jackson County, Mich. 

CHARLES F. BARCKUS, recalled for further cross-examination. 

Q. Mr. Barckus, is there anything crooked on the straight tickets columns on Ex- 
hibits 5 or 6; I mean by that anything corrupt? — A. You mean by the figures given 
here. 

Q. I mean by the erasures. By the fact that the figures have been erased and 
changed. The original entries here were 247 straight Republican votes and 92 
Democratic straights. — A. Yes, sir. 

Q. Is there anything crooked about the fact that those entries were made 247 and 
92, respectively, instead of 194 and 145, respectively? — A. You mean to say there was 
anything crooked? 

Q. Was there anything crooked? — A. I don't know that there was. 

Q. Do you think there was? — A. I can't say. 

Q. I ask you whether you think there was; you can't say whether you think there 
was? — A. My answer was no, sir. 

Q. You mean you don't think there was? — A. Weil, I say I couldn't say. 

Q. You either think there was or don't think there was? — A. I couldn't say any- 
thing about crooked . 

Q. Who counted those straight ballots? — A. Why, I think the whole body did. 

Q. You separated the ballots as they came out in separate piles, did you not? — A. 
As they came out they came out in a body. 

Q. The first thing the board did was to separate the ballots into straights and splits? — 
A. To separate the ballots, yes, sir. 

Q. How many were working at that separation? — A. We had six members of the 
board, but whether they all worked on the separation of those ballots I could not say. 

Q. Did you work on it? — A. I did. 

Q. Did Mr. Van Camp work on it? — A. I think so. 

Q. Did Mr. Billman?— A. I think so. 

Q. Mr. Lewis? — A. I think he did. 

Q. When the ballots were separated they were laid into four different piles? — A. 
The supposition is they would be; straights and splits for both parties. 

Q. Were they? — A. Well, I say, I think they were; the supposition is they were; 
I think they were. 

Q. Who discovered that there were some Democratic straights among the Repub- 
lican straights? — A. When I got through counting and the other parties relieved me 
I went to work to tie the votes up of the respective parties in a bundle. As I did that 
I counted them. I discovered 53 ballots that did not belong to that body. 

Q. Fifty-three Democratic straights among them? — A. Of the 247 we are speaking 
of were 53 Democratic votes. I took them out and called the board's attention and 
the rest of the board counted them and found there was an error, which error they 
rectified on the tally sheets. 

Q. Who put those 53 Democratic straights among the Republican straights? — A. 
Pardon me, I could not tell you. 

Q. You don't know then? — A. I don't know. 

Q. You might have done it? — A. Emphatically no. I might answer that at that 
time I wasn't counting ballots. I was taking ballots that were counted by placing 
them in the box as before stated. 

Mr. Miller. That is all. 

I know the contents of the foregoing statement of my testimony, and the same is 
true. 

Chas. F. Barckus. 

Subscribed and sworn to before me this 23d day of February, 1917. 

[seal.] James S. Aillen, 

Notary Public, Jackson County, Mich. 



BEAKES VS. BACON. 39 

DANIEL M. ZEIGIN. a witness called on behalf of the contestant, being first 
duly sworn, was examined and testified as follows: 

Examination by Mr. Brown: 

Q. Your name is what? — A. Daniel M. Zeigin. 

Q. You reside where? — -A. City of Jackson. 

Q. How long have you lieved here? — A. A little better than 23 years. 

Q. And your business? — A. Timekeeper, city of Jackson. 

Q. And have been how long? — A. The 1st of August last year. 

Q. Were you in the city of Jackson at the time of the last election?- — A. Yes, sir. 

Q. And after that election was the fact that an error had been made in the return of 
vote cast in the first precinct of the second ward for the office of Representative in 
Congress called to your attention? — A. Yes, sir. 

Q. How long after election? — A. Why, I couldn't say exactly, but just a short time. 

Q. Did you hear the matter of that mistake discussed more or less by the people of 
Jackson at that time and since? — A. Yes, sir. 

Q. How generally was the matter of the mistake discussed? Did it get into the 
newspapers? — A. Yes, sir. 

Q. I show you papers marked "Contestant's Exhibits 28, 29. and 30," and ask you 
wliether or not you have read those exhibits and did you read them in the papers at 
the time they were published? — A. I read the exhibit in the Citizen Press and Patriot 
the same day they were published, and the one in the Free Press the day after. 

Q. Exliibits 28. 29, and 30 are editorials taken from the Detroit Free Press and the 
two Jackson daily papers, are they not? — A. Yes, sir. 

Q. Do those editorials. Exhibits 28. 29, and 30, reflect the sentiment of the people of 
Jackson with reference to this mistake in the return of the votes for Representative 
in Congress in this precinct? — -A. Yes, sir. 

Mr. Miller . What is the use of putting anything like that into this record? I suppose 
the House of Representatives will probably try this question out on the facts. I 
object to anything like tliis going into the record. 

Q.. Do you know whether or not any of those papers supported Mr. Beakes before 
the election? — A. I know that the two Jackson papers did not. 

Mr. Miller. No questions. 

I know the contents of the, foregoing statement of my testimony, and the same is 
correct. 

Daniel M. Zeigin. 

Subscribed and sworn to before me this 23d day of February, 1917. 
[seal.] Jame-s S. Allen, 

Notary Public, Jackson County, Michigan. 

Mr. Brown. I wish to offer in evidence Exhibits 28, 29, and 30. 

Mr. Brown. That is all. 

Mr. Miller. That is all. 

The taking of the depositions was hereupon declared closed, at the hour of 3.30 
p. m., February 23, 1917. 

I certify that the foregoing is a true and correct transcript of all proceedings had 
before me this 23d day of February, 1917. 

[seal.] James S. Allen, 

Notary Public, Jackson County, Michigan. 

I hereby, on this 24th day of February, 1917, ascertain that Jay Binning, a witness 
duly subpoenaed, and who testified before me on behalf of contestant in the contested 
election case of Samuel W. Beakes, contestant, v. Mark R. Bacon, returned member, 
is entitled to witness fees as follows: 

1 day's attendance $0. 75 

1 mile 's necessary travel 05 

.80 
And I hereby certify the said amount to be correct. 

[seal.] James S. Allen, 

Notary Public, Jackson County, Mich. 

I hereby, on tliis 24th day of February, 1917, ascertain that George E. Van Camp, 
a witness duly subpoenaed and who testified before me on behalf of contestant in the 



40 BEAKES VS. BACON. 

contested election case of Samuel W. Beakes, contestant, v. Mark R. Bacon, returned 
member, is entitled to witness fees as follows: 

Two day's attendance $1. 50 

One mile's travel ^ 05 

1.55 
And I hereby certify that the said amount is correct. 

[seal.] James S. Allen, 

Notary Publie, Jackson County, Mich. 

I hereby, on this 24th day of February, 1917, ascertain that Clifton H. Vedder, a 
witness duly subpoenaed and who testified before me on behalf of contestant in the 
contested-election case of Samuel W. Beakes, contestant, v. Mark R. Bacon, returned 
member, is entitled to witness fees as follows: 

One day's attendance |0. 75 

One mile's travel 05 



.80 
And I hereby certify the said amount to be correct. 

[seal.] James S. Allen, 

Notary Public, Jackson County, Mich. 

I hereby, on the 24th day of February, 1917, ascertain that Samuel L. Walker, a 
witness duly subpoenaed and who testified before me on behalf of contestant in the 
contested -election case of Samuel W. Beakes, contestant, v. Mark R. Bacon, retiu'ned 
Member, is entitled to witness fees as follows: 

One day's attendance $0. 75 

One mile's travel 05 



and I hereby certify the same amount to be correct. 

[seal.] James S. Allen, 

Notary Public, Jackson County, Mich. 

I hereby, on the 24th day of February, 1917, ascertain that Thomas H. Kight, a 
witness sworn by consent of both parties and who testified before me on behalf of con- 
testant in the contested election case of Samuel W. Beakes, contestant, v. Mark R. 
Bacon, returned Member, is entitled to mtness fees, as follows: 

One day's attendance $0. 75 

One mile's travel 05 



.80 
and I hereby certify the said amount to be correct. 

[seal.] ' James S. Allen, 

Notary Public, Jackson County, Mich. 

I hereby, on this 24th day of February, 1917, ascertain that Charles F. Barckus, a 
witness duly subpoenaed and who testified before me on behalf of contestant in the 
contested election case of Samuel W. Beakes, contestant, ?>. Mark R. Bacon, returned 
Member, is entitled to witness fees as follows: 

Three days' attendant e ^ |2. 25 

One mile's travel. 05 



2.30 

and I hereby certify the said amount to be correct. 

[seal.] ' James S. Allen, 

Notary Public. Jackson Coxmty, Mich. 

I hereoy, on the 24th day of February, 1917, ascertain that Arthur F. Havens, a 
witness diilv subpoenaed and who testifiied before me on behalf of contestant in the 
. contested election case of Samuel W. Beakes, contestant, v. Mark R. Bacon, returned 
Member, is entitled to witness fees as follows: 



BEAKES VS. BACO]S^ 41 

Two days' attendance $1. 50 

One mile's travel 05 



1.55 
and I hereby certify the said amount to be correct. 

[seal.] James S. Allen, 

Notary Public, Jackson County, Mich. 

I hereby, on the 24th day of February, 1917, ascertain tliat Clifford N. Billman, a 
Tvitness duly subpoenaed and who testified before me on behalf of contestant in the 
contested election case of Samuel W. Beakes, contestant, v. Mark R. Bacon, returned 
Member, is entitled to witness fees as follows: 

Two days' attendance '. |1. 50 

One mile's travel 05 



1.55 
and I hereby certify the said amount to be correct. 

[seal.] - James S. Allen, 

Notary Public, Jackson County, Mich. 

I hereby, on this 24th day of February, 1917, ascertain that Fred N. Lewis, a wit- 
ness duly subpoenaed and who testified before me on behalf of contestant in the 
contested election case of Samuel Y\'. Beakes, contestant, v. Mark R. Bacon, returned 
]\Iember, is entitled to witness fees as follows: 

Three days' attendance |2. 25 

One mile's travel 05 



2.30 
and I hereby certify the said amount to be correct. 

[seal.] James S. Allen, 

Notary Public, Jackson County, Mich. 

I hereby, on this 24th day of February, 1917, ascertain that Daniel M. Zeigin, a 
witness duly subpoenaed and who testified before me on behalf of contestant in the 
contested election case of Samuel W. Beakes, contestant, v. Mark R. Bacon, returned 
Member, is entitled to witness fees as follows: 

Three days' attendance S2. 25 

One mile's travel 05 



2.30 
and I hereby certify the said amount to be correct. 

[seal.] James S. Allen, 

Notary Public, Jackson County, Mich. 

I hereby certify that the fees of the notary public for taking the above depositions 
are as follows as pro\dded by the statutes of the State of Michigan. 

For taking, certifying, sealing and forwarding deposition .$2. 00 

For 150 folios dh'ect examination contained in depositions at 10 cents a folio 

, (paid by contestant) 15. 00 

For 100 folios cross examination contained in depositions at 10 cents a folio (paid 
by returned member) 10. 00 



27. 00 
[seal.] • James S. Allen, 

Notary Public, Jackson County, Mich. 

The foregoing witnesses. Jay Binning, George E. Van Camp, Clifton H. Vedder, 
Samuel L. Walker, Thomas H. Klght, Charles F. Barckus, Arthur F. Havens, Gifford 
N. Billman, Fred N. Lewis and Daniel M. Ziegin, called on behalf of the contestant 
herein, were all called pursuant to the notice to take depositions and to the subpoenas 
attached hereto, and were each severally sworn by me to tell the truth, the whole 
truth, and nothing but the truth concerning the matters in issue in this cause, and 
the testimony of each of said witnesses was thereupon reduced to writing in my pres- 
ence and in the presence of the attorneys and agents of the respective parties, and 
was duly attested by each of said witnesses, respectfully. 



42 BEAKES VS. BACON. 

All certified copies of records and all exhibits and papers produced and offered in 
evidence before me are attached hereto and are transmitted herewith with the testi- 
mony of such witnesses. 

All notices to take depositions, with proof of service thereof, and the subpoena of 
all witnesses served are also attached and returned herewith. 

There are also prefixed to the foregoing depositions a copy of the notice of contest 
and of the answer of the retinned member, which are transmitted herewith. 

And I hereby certify that the foregoing, together with said exhibits, notices and 
documents, is a full and correct record and transcript of all proceedings had and taken 
before me in the said contested election case. 

[seal.] James S. Allen, 

Notary Public, Jackson County, Mich. 

My commission expires November 28, 1920.. 

Contestant's Exhibit No. 1.— James S. Allen, Notary Public. 

To Mark R. Bacon: 

I hereby acknowledge receipt of your answer to my notice of contest in this cause 
on February 7, 1917, and notify you that I have appointed Arthur Brown, Esq., 
106 North Fourth Avenue, Ann Arbor, Mich., as my attorney and agent in said election 
contest, and all notices intended for me may be served upon him at said address with 
the same force and effect as though served upon me personally, and said Arthiu" 
Brown, Esq., is authorized to sign all notices in my behalf which may be required 
in this case. 

I hereby request that you nominate and appoint an attorney and agent to represent 
you in said election contest upon whom notices intended for you may be served, 
and that you notify my said attorney of the fact of such appointment and the name 
and address of such attorney and agent. 

Dated February 10, 1917. 

Samuel W. Beakes. 

Contestant's Exhibit No. 2. — James S. Allen, Notary Public. 

To Arthur Brown, Esq., 

Attorney and Agent of Samuel W. Bealces:- 
Please take notice that I have appointed Guy A. Miller, 2005 Dime Bank Building, 
Detroit, Mich., as my attorney and agent in said election contest, and all notices 
respecting same may' be served upon him at said address with the same force and 
effect as though served on me personally, and said Guy A. Miller is authorized to sign 
all notices and represent me fully in every respect in this contest. 

Mark R. Bacon. 
February 15, 1917. 

Contestant's Exhibit No. 3 — James S. Allen, Notary Public. 
State op Michigan, Department of State. 

I, Coleman C. Vaughan, secretary of state of the State of Michigan and custodian of 

• the great seal of the State, do hereby certify that the attached is a true and correct 

copy of the certificate of the board of county canvassers of Jackson County, as same 

appears in said county canvasser's statement of the result of the general election held 

in said county on November 7, 1916, the original of which is on file in this office. 

In witness whereof, I have hereto affixed my signature and the great seal of the 
State, at Lansing, this 20th day of February, in the year of our Lord 1917. 
[seal.] Coleman C. Vaughan, 

Secretary of State. 

Geo. L. Lusk, 
Deputy Secretary of State. 

State of Michigan, 

County of Jaclison, 
We do hereby certify that the foregoing is a correct statement of the votes given in 
the county of Jackson for the offices named in such statement and for the persons 
designated therein, with the exception of the votes given for Representatives in 
Congress in the first precinct of the second ward of the city of Jackson, from the second 
congressional district, at the general election held on the 7th day of November in the 
year 1916. 



BEAKES VS. BACOX. 4S 

We further certify that the votes given for the candidates for Representatives in 
Congress in the coimty of Jackson, except the first precinct of the second ward of the 
city of Jackson, are as follows: 

Mark E. Bacon received ■ 8, 724 

Samuel W. Beakes received 7, 660 

Edward J. Ivoch received 186 

Frank E. Titus received 202 

"NYe further certify that in the first precinct of the second wardTof the city of Jackson 
tTiere was claimed error, in the retiu-ns made by the inspectors, for the office of Repre- 
sentative in Congi'ess. "We have had these inspectors before us and they are unable 
to correct said returns. The votes retui-ned by the inspectors of said first precinct 
of the second ward were : 

Mark R. Bacon received 351 

Samuel W. Beakes received 233 

Edward J. Koch received 5- 

Frank E. Titus received -3 

These A'otes from the fii'st precinct of the second ward of the city of Jackson, added 
to the^ votes from the other precincts of the county of Jackson, give a total vote as 
follows: 

Mark R. Bacon received 7, 075 

Samuel W. Beakes received 7, 893 

Edward J. Koch received 191 

Frank E . Titus received 205 

In witness whereof, we have hereunto set onr hands and caused to be affixed the 
seal of the Circuit Court of the county of Jackson this 25th day of November, 1916. 

Feed W. Radford, 
Lyman B. Ray, 
XoRMAK Flowers, 
Board of County Canvassers. 
Attest: 
[sEAL.l Jay Bixxing. 

Clerk of the Board of County Cayivassers. 

Contestaxt's Exhibit Xo. 4. — James L. Allex, Xotary Public. 

State of Michigan, 

County of Jackson, ss: 
I, Jay Binning, coimty clerk for the county of Jackson, do hereby certify' that the 
following figiu'es filed with me by the board of coimty canvassers represents the total 
vote cast for the firet precinct of the second ward in the city of Jackson for the presi- 
dential electors and candidates of the various State and coimty officers held at the 
general election, November 7, 1916 



Republican Party electors: Totes. 

Charles Simmons 354 

Bernard J. Onen'. 355 

William Livinsston 356 

J. Russell Fiske 355 

Dallas Boudeman 355 

EdwvC. Reed 355 

- Minors. Keeler 356 

Hus:h A. McPherson 357 



Democrat Party electors— Continued. Votes. 

Henrv Heisman 310 

Clvde Hecox 310 

Kiiute S. Markstrum 309 

Joseph Merrill 308 

Socialist Partv electors: 

S. H. Slagel 8 

"VTilliamC. Blackburn 7 

Anna Karlin 7 

John E. Wallace 355 I Guy L. North 7 

Edmund R . Dewev 355 William Aulcerman 7 

Holden A. Putnari 355 Otis M. Southworth 7 

Guy E.Smith 355 Robert Calhoun 7 

Benj. Gerow 355 Lewis Mjddlet on 7 

" ' ' ' "~ Johnimier 7 

A . Parent 7 

W. J. Roxburgh 7 

Daniel Rowdev T 



Homer A. Guck 355 

James Couzins 356 

Democrat Partv electors: 

John "W. Adams 312 



Arthur F. Jackues 310 I Wm. Blanchard 7 



William McAneenv 309 

Ed-ward Frensdorf. 310 

Joseph E. Hendee 309 

Frank A. Kelble 309 

Charles M. Wilson 313 

Norman Morrish 308 

Elmer J. Oatway 309 

Robert Hyslop . '. 309 

Daniel W. Goodenough .399 



John Kieskila 7 

-Albert Suppus 7 

Prohibition Partv electors: 

Marshall H. Pettit 7 

Judge Bamum 7 

Lemuel B . Bissell 7 

Charles A. Obee 7 

Samuel Dickie 7 

Guv W. Hawlev 7 



44 



BEAKES VS. BACOlSr. 



Prohibition Party electors — Continued. Votes. 

George Roelofs 7 

Writ'McClain 7 

Robt. Cain 7 

Chas. T. Paris 7 

Otis E. Cutler 7 

Edmund N. Orsman 7 

Chas. R. Evans 7 

Thomas R. Davis 7 

Burton L. Rockwood 7 

■Governor: 

Albert A. Sleeper, Republican 379 

Edwin E. Sweet, Democrat 293 

Ernest J. Moore 6 

E. W. Woodruff 3 

X/ieutenant governor: 

Lurem D. Dickinson, Republican 3S2 

John S. Smith, Democrat 2S-i 

Thomas H. Coxe 6 

John F. Eesley 3 

Secretary of state: 

Colrnan C. Vaughan, Republican 364 

Frank R. Hamburger, Democrat 302 

Harvey A. Hedden 6 

Andrew Wood 3 

State treasurer: 

Samuel O'Dell, Republican 363 

Phillip L. Utlev, Democrat 299 

Delbert E. Ear'ley 6 

Wrn. J. Faull... ." 5 

Auditor general: 

Oramel J. Fuller, Repubhcan 373 

Alfried V. Friedrich, Democrat 302 

Fred Foster 7 

Frank E. Marshall 5 

Attorney general: 

A. J. CJroesbeck, Republican 373 

Geo. J. Burke, Democrat 290 

Clinton B . G wirmer 6 

Thomas A. Meade 3 

Justice of the supreme court: 

Grant Fellows, Republican 3S.5 

Rollin H. Person, Democrat 274 

Fred Block 6 

Harvey B. Hatch 3 

United States Senator: 

Chas. E. Townsend, Republican 423 

Lawrence Price, Democrat 242 

Edw. A. Faust 6 

John Y. Johnson 3 

Representative in Congress, as reported on 
special report to the secretary of state: 

Mark A Bacon, Republican 351 

S. AV. Beakes, Democrat 233 

Edw. J. Pope 5 

Frank E. Titus • 3 



State senator: Votes. 

Charles J. DeLand, Republican 4U 

Wm. W. Mercer, Democrat 2.58 

Newton Thorpe 6 

Roy A. Dewey 4 

Representative in' legislature, first district: 

Burney E. Brower, Republican 369 

Cleveland Parshall, Democrat 300 

Newton Tharp 6 

P. J. Burt 2 

Judge of probate: 

Geo. H. Curtis, Republican 307 

CM. Russell, Democrat 289 

Benj. F. Shaffer 6 

Sheriff: 

Weslev A . Davis, Republican 407 

J. F. Strobel, Democrat 278 

Willis Garrison 7 

F. E. Grossman 3 

Coimty clerk: 

Jay Binning, Republican 416 

Geo. E. Lewis, Democrat 2.57 

Jos. Fick 6 

Countv treasurer: 

J. B. Dicker, Republican 433 

Walter H. Hobbins, Democrat 238 

Wm. G. Kidwell 6 

Harry M. Kelly 2 

Register of deeds: 

Albert B. Lincoln, Republican 363 

C. E. Markham, Democrat 317 

Wm. O. Westcott 6 

John B. Foote 2 

Prosecuting attorney: 

Nathan E. Bailey, Republican 423 

J. Frederick McGraw, Democrat 251 

Circuit court commissioners: 

Geo. E . Bailey, Republican 385 

Norman E. Leslie, Republican 401 

Harry D. Boardman, Democrat 288 

Byron A . Linnabury, Democrat 265 

Nathanial Parker 6 

George Bailey - 3 

Coroner: 

John Pulling, Republican 427 

C. H. Tibbetts, Republican 3S4 

Julius F . Coulson, Democrat 244 

Edgar Hedden 4 

James Pulling 3 

R. A . Hobart, Democrat 273 

County surveyor: 

James C. Riley, Republican 419 

Henry Billings 5 

Drain corhmlssioner: 

Emmett Cochrane, Republican 319 

Melvin F. Wing, Democrat 267 

Wm. Imel 7 

Robt. Way 4 

That I have compared the foregoing statement with the original on record now on 
file and of record in my office, and that the same is a true transcript therefrom and of 
the whole thereof. 

In witness whereof, I have hereunto set my hand and affixed my official seal this 
21st day of February, A. D. 1917. 

[seal.] Jay Binning, 

Clerk of the County of Jackson. 

Contestant's Exhibits Nos. 5, 6, 7, 8, 17, 19, and 24, Tally Sheets, Poll Books, 

Etc. 
[Omitted in printing.] 

Contestant's Exhibit No. 25. — -James S. Allen, Notary Public. 



State of Michigan, Department of State. 

I, Coleman C. Vaughan, secretary of state of the State of Michigan and custodian 
of the great seal of the State, do hereby certify that the attached is a true and correct 
copy of the statement of canvass and determination of the board of State canvassers, 
relating to the office of Representative in Congress for the second congressional dis- 
trict, the original of which is on file in this office. 



BEAKES VS. BACON. 



45 



In witness whereof, I have hereto affixed my signature and the great seal of the 
State, at Lansing, this 20th day of February, in the year of our Lord 1917. 
[seal.] Coleman C. Vaughan, 

Secretary of State. 
Geo. L. Lusk, 

Deputy Secretary of State. 

Representative in Congress, Second District. 

The undersigned, secretary of state, state treasurer, and superintendent of public 
instruction, of the State of Michigan, constituted by law the board of State canvassers, 
having met at the office of the secretary of state, at Lansing, on the 12th day of Decem- 
ber, 1916, for the purpose of canvassing and ascertaining the votes given at the gen- 
eral election, held in said State on Tuesday, the 7th day of November, 1916, find, 
from an examination of the official returns received by the secretary of state, that 
the votes cast for the office of Representative in Congress for the second district were 
given as shown by the following statement: 



Counties. 


Mark R. 
Bacon. 


Samuel ^^^^ 
Beakes.iE-. Titus. 


Frank 
C. Titus. 


Thorn- 
ton 
Dixon. 


Edward r^ |„, 
J.Koch. ^°^^'- 


Jackson 


7,075 
5,935 
3,753 
5,974 
4,445 


7, 893 205 
5,826 : 150 
4,264 81 
5,858 84 
3,292 i 




191 15,364 


Lenawee 


i 


75 [ 11,987 




35 ! 8,133 






140 i 12,056 


Wavne ... 


72 




98 7,90r 










Total. 


27, 182 


27,133 520 


72 1 


539 55,447 











The whole number of votes cast for the office of Representative in Congress for the 
second congressional district was 55,447, and such votes were given as follows: 

Mark R. Bacon received 27, 182 

Samuel W. Beakes received 27, 133 

Frank E. Titus received 520 

Frank C. Titus received 72 

Thornton Dixon received 1 

Edward J. Koch received 539 

We hereby certify the foregoing to be a true statement of the votes given in the 
counties comprising the second congressional district at the general election held on 
the 7th day of November, 1916, for the office of Representative in Congress for the 
second congressional district. 

In witness whereof, we have hereto subscribed our names, at Lansing, this 12th 
day of December, 1916. 

Coleman C. Vaughan, Secretary of State,. 

John W. Haarer, State Treasurer, 

Fred L. Keeler, Superintendent of Public Instruction, 

Board of State Canvassers. 

We, the undersigned. State canvassers, from an examination of the election returns 
received by the secretary of state, determine that, at the general election held on the 
7tli day of November, 1916, Mark R. Bacon was duly elected to the office of Repre- 
sentative in Congress for the second congressional district for the term ending March 
3, 1919. 

In witness whereof, we have hereto subscribed our names, at Lansing, this 12th 
day of December, 1916. 

Coleman C. Vaughan, Secretary of State, 

John W. Haarer, State Treasurer, 

Fred L. Keeler, Superintendent of Public Instruction, 

Board of State Canvassers. 

Contestant's Exhibit No. 26, Official Ballot. — James S. Allen, Notary Public. 

[Omitted in printing.] 



46 BEAKES VS. BACOIT. 

Contestant's Exhibit No. 27. — James S. Allen, Notary Public. 

State of Michigan. In the matter of the canvassing by the^ board of election can- 
vassers of the vote cast for the candidates for Congressman' in the first precinct of 
the second ward of the city of Jackson, county of Jackson, State of Michigan, 
November 7, 1918, at an adjourned session November 22, 1918. 

Attorney W. S. Cobb appeared as counsel for Samuel W. Beakes, Democrat candi- 
date for Congressman. 

Attorney Guy Miller appeared as counsel for Mark R. Bacon, Republican candi- 
date for Congressman. 

Mr. Radford. Do any of you raise any objection to the way these boxes are sealed? 

Mr. Ray. I think the law provides the opening of the box should be sealed, but 
they apparently have a different kind of box. 

Mr. Miller. Anybody who has possession of the key can open the box without 
breaking the seal. I would like to make a statement that the boxes are sealed on the 
covers at the opening but that there are no seals over the locks. As far as I am con- 
cerned, I don't think, unless it should appear that the boxes have been out of the 
custody of the proper officer, it would be of any particular importance at this time. 

Mr. <'oBB. We make no objection to the boxes. 

Mr. Flowers. These boxes have been in your custody since they were delivered 
to you? 

City Clerk Vedder. Yes, sir. 

Mr. Flowers. The boxes have not been opened? 

Mr. Vedder. No, sir. 

Mr. Flowers. The keys have been in your possession? 

Mr. Vedder. Yes, sir. 

Mr. Radford. This box is being opened for the purpose of counting the ballots for 
the office of coroner. 

Mr. Flowers. Are we allowed to count the vote for coroner until we complete the 
canvass for Congressman? 

Mr. Radford, The petition filed was to recount for coroners. 

Mr. Miller. I don't represent the coronerg, but I understand this hearing was 
adjourned to to-day from last Friday for the purpose of seeing — to see if there was a 
tally sheet in the box. The law says you may open the box to look for additional 
returns, but not to remove the ballots. 

Mr. Radford. I don't understand it so. Mr. Hobart filed a petition for a recount 
of the ballots, and we adjourned to to-day. 

Mr. Miller. Because Mr. Beakes was ill. 

Mr. Radford. And because Mr. Hobart was ill. Don't you understand this box is 
to be opened for two purposes this morning? 

Mr. Flowers. Yes; but the question occurs to me whether we should now recount 
the vote for coroners or complete the canvass in that precinct. 

Mr. Radford. My idea is to satisfy these people first as to whether another tally 
sheet is in there. 

Mr. Ray. I make a motion we proceed to open the ballot boxes to find out whether 
there is a tally sheet in there or any information regarding the election of Mr. Beakes 
or Mr. Bacon. 

Mr. Flowers. I support that. 

Mr. Radford. You have heard the motion. Those in favor of it will say "aye." 

Mr. Flowers. "Aye." 

Mr. Ray. "Aye." 

Mr. Radford. Record my vote "No." 

Mr. Cobb. Wlien you open this box you will have to proceed forthwith to count the 
ballots. . . 

Mr. Ray. Tliere is no counting here so far as the office you are representing is 
concerned. 

Mr. Cobb. But Mr. Hobart has petitioned you for a recount, and you would not 
leave these boxes unopened here? 

Mr. Ray. We will proceed to count them after we find out whether there is any- 
thing in there in regard to your office. 

Mr. Cobb. You are going to determine that question before you count the ballots? 

Mr. Ray. That is my idea. 

Mr. Radford. There is nothing else to do but open the box, I believe. 

Mr. Ray. Take out everything in there aside from the ballots. 

Mr. Miller. Better examine and see what is there. 

Mr. Radford. Just instructions and two election laws. 



BEAKES VS. BACOIS'. 47 

(The second box was then opened.) 

Mr. Flowers. There is nothing but ballots in this box. 

Mr. Radford. We are here to recount the ballots for Mr. Hobart and for nothing else. 

Mr. Ray. I don't see any objection to going ahead and recounting the ballots for 
coroner, flight as well have them out here fu'st as last. 

Mr. Radford. Is there any question as to the right of the board of canvassers to 
recount the votes for any candidate before they complete the canvass? 

Mr. Miller. The recount must be complete before the board of canvassers finally 
adjourn. The only thing I know of bearing on the question is the statute you have 
before you. which provides that the board in case of maldng correction of the returns 
may open the box to find out whether there are further retui'ns there. If this were 
an office the board could hold a recount on, it would be of no importance, but is is an 
office for which this board has no right to recount for. You have no right to take the 
ballots out of the box, so far as this office is concerned, and I think the order in which 
you should proceed is to complete your canvass. You have done everj-thing you 
can do in this matter. 

Mr. Cobb. The point is right here, gentlemen: There is no certainty as to the con- 
tents of that box. There has been no examination made of its contents except such 
as appears on the surface. There has been no examination made to see whether 
there are any papers rolled up in those ballots which would throw any hght upon 
this question, and I understand it is not the purpose of the board to try to determine 
at this time whether there are any such papers rolled up with the ballots . A recount 
of the ballots will disclose that and enable you to know to a certainty whether there 
are any pa^Ders in that box which will aid you in determining the rights of these par- 
tits. The statute includes papers as well as books, and I think the orderly way to 
dispose of the matter is to proceed to count the ballots upon Mr. Hobart's petition. 
Nobody can be harmed by it, and it may throw some Hght upon the situation which 
is proper -for you to consider. 

^£r. Flowers. I don't see where it is going to be material to either candidate for 
Congress. 

Mr. Radford. In that case why not recount the votes for coroners if it is imma- 
terial? 

Mr. Floaters. I am perfectly willing to. 

Mr. Ray. So am I. Do you make that as a motion? 

Mr. Flowers. You did that. 

Mr. Ray No. I made a motion to open the cans, and we have done that. If you 
want to have that on record. If not, we can proceed an^Tvay. 

Mr. Flowers. I move we recount the ballots for coroners. 
. Mr. Ray. I support it. 

]Mr. Radford. All in favor say "'aye." 

Mr. Flowers. "Aye." 

Mr. Ray. "Aye." 

Ml". Radford. "Aye." We all vote "yes." 

]\Ir. Cobb. I suggest you have the clerk take the memorandum on the outside of 
the ballots so you will put them back in the same shape. 

Mr. Ray. Let's open but one package at a time. 

^Ir. Flowers. We will give him the memorandum as we open them, Mr. Cobb. 

Mr. Radford. This package opened is marked "145 straight Democrat votes." 

Mr. Flowers. There are 133 straight Democrat votes here, 11 found split, and 1 
thrown out. 

Mr. Radford. This package (No. 2) is marked "194 straight RepubUcan votes." 

]\Ir. Cobb. Make a note that one ballot marked "X" at the top of the Democrat 
ticket also had an X before each of the names of the candidates on the Republican 
ticket and was coimted by the canvassing board as a straight RepubUcan ticket. 

Mr. Flowers. There are 183 straight Repubhcan baUots here. There are 175 
Hepubhcan splits. Here are 14 Prohibition spUts, 5 Socialist, and 5 blanlvs. 

Mr. Radford. We are ready to hear any propositions now. 

Mr. ^Iiller. I think the board understands my position very thoroughly. 

'Mx. Radfqrd. Mr. Cobb has something to say. 

Mr. Cobb . Gentlemen, it appearing by the return made by the inspectors of election 
of the first precinct of the second ward that an error was made in returning the votes, 
I want, in behalf of Mr. Beakes, to ask this board to summon here the board of inspec- 
tors of the &-st precinct of the second ward and direct them under the statute to make 
a correct return of the votes cast for the respective candidates for the office of Repre- 
sentative in Congress. If there is any objection to that, I would Uke to hear it. 

Mr. Miller. Upon what is that correction to be based, Mi'. Cobb? 

Mr. Cobb. I don't know, neither do I care. If they can't correct it, this board 
'Can't certify to it. 



48 BEAKES VS. BACON. 

Mr. Flowers. Do you mean we can't certify from the returns we have, Mr. Cobb? 

Mr. Cobb. Yes, sir; it appears on their face they are wrong. 

Mr. Miller. Is there anything in the statute that says that, Mr. Cobb? 

Mr. Cobb. Prior to the year 1901 the statute provided this: If it shall 1 e found 
upon the convening of said oard of canvassers that the returns from any of the ■ oards 
of election inspectors of the several election districts, of the returns of such central 
counting i oard, are missing, incomplete, or incorrect, or for any other reason it is 
found necessary, then said (oard of county canvassers shall have power to adjourn 
from day to day until said returns shall have ^ een procured or corrected. There the 
statute stopped. The legislature of 1901 provided that said 1 oard of county can- 
vassers are here' y empowered to summon the person or persons having the 1 oxes 
containing the ballots cast at such election and the keys and seals of said 1 oxes, or 
having such returns or the poll i ooks or tally sheets used and made at such election, 
to 1 ring said boxes, keys, seals, returns, poll 1 ooks, and tally sheets 1 efore said ' oard, 
and said ' oard of canvassers are authorized to open said ' ox and take therefrom any 
books or papers - earing upon the count and return of the election inspectors of such 
election districts, or the returns of such central counting 1 oard, 1 ut they shall not 
remove or mark the 1 allots therein. Said 1 oard of canvassers may summon such 
election inspectors or central counting 1 oard 1 efore them and require them to make 
correct returns in case, in its judgment, after examining such returns, poll ' ooks or 
tally sheets, the returns already made are incorrect or incomplete, and they shall 
canvass the votes from the corrected returns. It is idle to contend when it appears 
as it does here that a mistake has 1 een made that this canvassing ' oard is going to 
proceed to canvass this vote and certify to a falsehood. It is not a question as to who 
shall draw the salary of this office for the next two years. It is a matter in which the 
people of this city have little interest, 1 ut it is whether or not men in this precinct 
shall ] e disfrancliised, and in this there is a deep interest. And that is what this 
amounts to. We are asking you to do nothing the statute does not very clearly pro- 
vide for. If I should ask you to do something here in the performance of your official 
duties to aid Mr. Beakes, I couldn't hold my head up in the community, and if you 
gentlemen do something you are not justified in doing, you will ^ e in no ' etter posi- 
tion. You have been elected or appointed I y the ; oard of supervisors ' ecause of 
your supposed fitness to discharge the duties of this office fairly and honestly and 
uninfluenced 1 y any personal feeling, prejudice, passion or anything else except 
the plain facts. Are you willing ot have it said there are three men in Jackson County 
who are ready to commit such a folly as you are asked to commit here; that you will 
say we will certify to a mistake as i eing correct, and add to that ' y giving your cer- 
tificate? That is what you are asked to do. If there was any reason for assuming 
there was not a mistake, there might ■ e some excuse for such a course, I ut as the 
facts present the situation here it is imperatively not the reason. 

Mr. Flowers. I am perfectly willing to have the inspectors summon from their 
precinct for the purpose of examining them, if we have that power. Suppose that 
after they come in they say they are una' le to correct that, we would have 'to insist 
we would have to canvass their return. 

Mr. Cobb. If you refuse to certify that this is a correct return, Mr. Bacon and hiS 
attorney can apply to the court for a mandamus to compel you and in that way the 
matter can 1 e adjudicated, and th-at is what ought to 1 e done. No honest man 
would ask you to do something here you know is not correct. 

Mr. Miller. Now, here, Mr. Cobb. You are throwing words a out honest man, 
or not 1 eing an honest man, I ack and forth, and you are talking a" out myself and 
Mr. Bacon. The election law is plain in the statute of 1913 1 y which you can go 
before the State ' oard of canvassers and have a recount and have the matter decided. 
Why don't you want to go before the State 1 oard of canvassers? Is it because you 
know in Wayne and in several election districts there are precincts where are apparent 
mistakes of 100 to 200 votes? Why don't you want to go where the statute says you 
can go? Why ask this loard to do something explicitly fori idden? You know 
they can't recount them. You want to have this 1 oard certify to a recount of these 
votes made in an indirect way, something they are for' idden i y law to do. We can 
have a full and fair recount of the whole district, and no' ody is more anxious to have 
a full recount than I am, 1 ut I am not in favor to have it done piecemeal. If there 
is going to ' e a recount, it will I e where the legislature says it shall 1 e, 1 efore a State 
tri unal of State officers with full power to produce every election ballot in the 
whole district. There is no time going to 1 e lost. Don't call me dishonest because 
I am contending this Voard shall not do something they are for idden lylaw to do. 
I have seen lots of police-court practice and have participated in it at times, but I 
don't ' elieve this is the time or the place to come in and charge dishonesty or double- 
dealing when you have got an open remedy at Lansing. I am sick and thed of being 



BEAKES VS. BACON. 49 

called dishonest or having my client called that, and I won't stand for it. We don't 
practice law that way in Wayne County. 

Mr. Cobb. I want to know if you know of any precinct where there is a mistake 
of 100 votes? If so, we will stipulate with you now to recount that precinct. 

Mr. Miller. We will go where we have the law behind us without relying upon a 
stipulation. 

Mr. Cobb. I am not here to give myself a certificate of character as the gentleman 
from the big town has done, but I have a hide you can puncture with a bayonet, and 
I don't believe he has. It is not a matter of recount I am talldng about at all, and he 
knows it. I am talking to you with reference to your duties as presented to you, 
and I want to know if he feels that it is your duty to certify to a falsehood , a lie when it 
is put upon the records. If he says yes, then follow his advice if you think it is good. 

Mr. Flowers. I say, Mr. Cobb, that if these inspectors come in here and say they 
are unable to correct their tally sheet without counting the votes that notwithstanding 
your remarks about being dishonest, I am willing to certify to the pi'oper authority 
that these are the returns that come to us, and any candidate that is aggrieved has 
full right to ask for a correction of the return of this canvassing board. 

Mr. Cobb. Would you certify that white is black? 

Mr. Flowers. That is not the question. We are nor a judicial body. We are 
three clerks. 

Mr. Cobb. You are to do your duty. You have a ministerial duty to perform, and 
you have a judgment to execute. 

Mr. Flowers. If I were to certify to your judgment that white is black, I could 
certify you say white is black. 

Mr. Cobb. Oh, no: in this you are certifying to something as correct which you know 
is incorrect. 

Mr. Flowers. We don't know except from unofficial action. I am willing to admit 
it is incorrect. After the inspectors of election have been in here and say they can not 
correct or amend those returns Avithout recounting the ballots, which the law does not 
allow them to do, I for one am willing to certify to the State board that these are the 
returns that came to us officially from that precinct. 

Mr. Cobb. I don't know just as to the form of your certificate. What is it? 

Mr. Flowers (reading). We do hereby certify that the foregoing is a correct state- 
ment of the votes given in the county of Jackson for the office named in such statement 
and for the persons designated therein, at the general election held on the 7th day of 
November in the year 1916. 

Mr. Flowers. Suppose we agree it is not correct and refuse to certify to anything, , 
what then? 

Mr. Cobb. You would not certify to that when you know it is incorrect? 

Mr. Flowers. How do we know what is correct? Suppose we refuse to certify to 
anything, what would happen? 

Mr. Cobb. They could apply to the court for a mandamus and compel you, if the 
court thought that the proper thing to do, to make that certificate. 

Mr. Flowers. In accordance with what is before us? 

Mr. Cobb. Yes, sir. 

Mr. Flowers. And not considering the unofficial count? 

Mr. Cobb. Yes. Present the whole question and you will have done everything in 
your power to correct an unfortunate error. 

Mr. Flowers. It is an unfortunate error. I admit that. 

Mr. Cobb. You will have done everything the people have called upon you to do to 
correct an unfortunate error. 

Mr. Radford. If they make petition to the court in case we refuse to certify to this, 
how quickly can you get action on it? 

Mr. Cobb. If they make petition to the court, I will file an answer to it the same day. 
Here is a paper that four of these inspectors have signed. The other one I under- 
stand has not been seen. This addressed to you: 

"We, the undersigned inspectors of election of the first precinct of the second ward 
of the city of Jackson, in said county, at the general election held on the 7th day of 
November, 1916, at which election State, county, and district officers were voted for, 
including candidates for Congi-ess, hereby certify that in preparing the statement 
in duplicate, showing the whole number of votes cast for the candidates for Represen- 
tative in Congress and the number of votes received by each of such candidates, 
wliich statement was certified by the inspectors of election, for delivery to the proper 
officers, as provided by the statute, a mistake was made in that all the votes cast for 
the candidates for Representative in Congress were not included therein, and, through 
inadvertence and mistake, votes cast for each of such candidates were omitted from said 

96694—17 i 



50 BEAKES VS. BACON". 

statement, and that the statement of the result of the election in said precinct so far as 
it relates to the office of Representative in Congress does not correctly represent the 
vote cast by electors in that it does not show the whole number of votes cast for each 
of the candidates for said office, the votes not so counted aggregating seventy or more 
votes. 

"Dated this 20th day of November, 1916. 

"Charles F. Barckus. 

"George E. Van Camp. 

"GiFFOED BiLLMAN. 

"Henry Marriott." 

Mr. Miller. That does not enable this board to correct it. 

Mr. Cobb. I want to file this with you, gentlemen. I don't think there is a man 
on this board who does not realize the importance of this matter. 

Mr. Flowers. We do. 

Mr. Cobb. In justice to all of you, I think you have acted fairly so far and with a 
desire to get at the truth of the matter. 

Mr. Flowers. Do you mean by that that at this minute we are not trying to act 
fairly? 

Mr. Cobb. No, I didn't say that. I do say up to this minute. I can only certify 
to date. 

Mr. Flowers. I move the inspectors of this district be summoned to appear before 
this board. 

Mr. Cobb. I also have a petition signed by two or three hundred voters from that 
precinct, and a majority of them Republicans T am told, in which they say this; 

"We, the undersigned, in the interest of honesty and believing the right of franchise 
of every man, do hereby petition your honorable body to use every effort to ascertain 
the actual vote cast for Congressman in the first precinct of the second ward in the city 
of Jackson. In our judgment partisanship should not be permitted to divert the 
purposes of the voters of this precinct. " 

I have heard criticism of that. I don't know why any man should feel at liberty 
to criticize people who exercise the right of petition. That is a right as old as the Bible. 
These people have seen fit to do this. It don't matter who has solicited them to do it: 
They have done it, and I am asking you to consider it for what you think it is worth, 
though I am satisfied it is your purpose and intention to do what they ask ycu to do, 
and the petition for that reason will have no influence whatever upon your action. 

Mr. Miller. There is no question but that an error has been made. I don't want 
you to think I am claiming there has not been a mistake made. I have the best of 
reasons and grounds for believing there has been a grave mistake and I say Mr. Beakes 
and Mr. Bacon are entitled to every vote cast for them. Owing to the fact that some 
of the boards have completed their work four days and some of them five days it is 
impossible to hold a recount of the votes, and there is no authority for it except by 
the State board of canvassers or the National Congress, or both. The only place 
where it is possible to hold a fair and complete recount of the entii'e vote in the district 
is by the State board, created by law for that purpose. Here is the statute passed in 
1913. I am in an unfortunate position here, and Mr. Cobb has very skillfully taken 
advantage of that, in holding this board to its legal duty. My reason for that is not 
because "of desiring to get anything we are not entitled to, because that would be 
idle. We can not get anything we are not entitled to. That would be an idle attempt 
on my part, but I am desiring to get in the place where both sides' rights can fairly 
and freely be determined, where every precinct and every ballot in every precinct 
in the entire district can be brought before a constituted authority and that recount 
be conducted in accordance to law provided for that purpose, and when that time 
arrives no technicalities will be raised. No question will be raised as to the validity 
of the statute. We will submit ourselves to that State authority provided by the 
statute, and that provides that a recount shall be asked for any time before 4 o'clock 
of the day the board closes its action, which is within a very short time, before the 
1st of January, because the State officers take their offices the 1st of January, I see 
no reason why we should be put in the position, why any man should put us in the 
position of trying to get something that is not fair or right, but I do say, and Mr. Cobb 
has apparently forgotten the decision in the Genesee Board of County Canvassers 
case, a very recent case, in 155th Michigan, where they held on this subject m a local 
option statute that the duty of the board of canvassers shall be the same as provided 
for under the general election law, and therefore are the same as here, that the board 
of canvassers have no judicial power. If Mr. Cobb questions that, I will take the 
time to read it to you. 

Mr. Cobb. You pick out the precinct in which you want to recount the vote, and 
-we will pick this out and we will agree to count these and abide by the result of the 



BEA.KES VS. BACOIT. 51 

recount that it shall determine who is elected. If Mr. Beakes -will not consent to 
that, he will have to get another attorney right away. 

Mr. Miller. I have no authority to make such an arrangement. 

Mr. Cobb. Name any precinct you wish, and we will find out who is elected. If 
Mr. Beakes wants to hold this office whether elected or not, I am not the man he is 
looking for. 

Ml-. Miller. My position is that we should go before the State Board of Canvassers 
and state which precincts we want recounts made in, and the other side do the same 
thing. 

Mr. CoB-B. If you know of any precinct or precincts in which there are two or there 
hundred votes that were not counted for Mr. Bacon that ought to have been, there 
is no need of going through with a lot of red tape, we will stipulate to do it 
. Mr. Miller. We can not open the ballot boxes for a recount except by proper 
authority. 

Mr. Cobb. Do you mean to say we can not stipulate that we count the vote? 

Mr. Miller. No, sir; we can't. 

Mr. Cobb. I say we can. 

Mr. Miller. I say we can't. 

Mr. Cobb. Why not? 

Mr. Miller. Because that would be an illegal opening of the boxes, and in case of 
any other matters in regard to this election they would say that the original returns be 
followed. I am willing to have a free and complete recount in any place fixed by 
law in which to carry it on. 

Mr. Radford. Suppose we do certify to the returns as they are here, does that do 
away with a recount to be had afterwards? 

Mr. Cobb. It is a question of settling right here. You sliould refuse to certify to 
returns you know are incorrect. 

Mr. Radford. We have heard what could be done if we do not certify to them and 
know them to be incorrect. Suppose we do certify to them knowing they are incor- 
rect, can't this State canvass be conducted just the same; can't they recount? 

Mr. Cobb. Possibly so. I have not given that consideration. 

Mr. Radford. Would that bar the State recount? That is what I want to get at. 

Mr. Cobb. That I couldn't say without examining th statute. 

HENRY MARRIOTT, one of the inspectors of election in the first precinct of the 
second ward, questioned by Mr. Flowers: 

Q. Did you sign this petition? — A. I did. 

Q. You have signed a petition in which you say there were 70 or more votes cast 
in that precinct for the office of Representative in Congress wliichwere not counted? — 
A. I don't know about that. 

Q. If you don't know, why did you sign that? — A. I was on the board there until 
about 11 o'clock and was taken ill, and Mr. McGee took my place. 

Q. You don't know whether there were 70 votes that were not counted for Con- 
gressman? — A. I don't know any tiling about it. 

Q. And still you were willing to sign a petition to that effect and say that the retui'n 
made is not correct. — A. I signed that in order to get a recount. 

Q. Did Mr. Barckus tell you that was a petition asking for a recount? — A. Yes. 

Mr. Flowers. I tliink we better have Mr. Barckus and the other inspectors in here. 

Q. What else did Mr. Barckus tell you? — A. That is all. I told him I didn't want 
to, but he said it was just a petition for a recount. I was on the board, and they 
couldn't get the other man to sign it because he didn't have authority. 

Mr. Flowers. I make a motion we summon the inspectors in here. 

Mr. Ray. I support it. 

Mr. Radford. You have heard the motion. All in favor of it say "aye." 

Mr. Flowers. "Aye." 

Mr. Ray. "Aye." 

(Adjournment taken.) 

The county board of canvassers reconvening November 23, the inspectors of election 
in the first precinct of the second ward examined: 

Mr. Flowers. We have the inspectors here and are going to ask them some questions. 

Mr. Radford. Do you admit that these returns are incorrect? 

Mr. Barckus. Yes; to the best of my belief they are. 

Mr. Van Camp. I believe they are. 

Mr. Lewis. Absolutely; there is a mistake somewhere. 

Mr. Flowers. Do you know what the mistake is or how it occurred? 

Mr. Lewis. No, I don't. 



52 BEAKES VS. BACON. 

Mr. Van Camp. No, I do not. 

Mr. Barckus. I don't know. 

Mr. Flowers. Are you prepared to correct the mistakes? 

Mr. Barceus. I believe we could with these figures we have on this tally sheet. 

Mr. Flowers. What figures? 

Mr. Barckus. These. 

Mr. Flowers. On those ballots? 

Mr. Barckus. Yes. 

Mr. Flowers. Where did they come from? Were those sheets locked up in the 
ballot box when you finished work? 

Mr. Barckus. No, sir. 

Mr. Flowers. How did they get here? 

Mr. Van Camp. Mr. Barckus found them on the floor and on the table. 

Mr. Flowers. What did you do with them? 

Mr. Barckus. I took them to the r6.eur4^^'^ c^ffice, enumerated them, and brought 
them in here. 

Mr. Flowers. How long were they in youir pc^session? 

Mr. Barckus. From night until morning at, Yo^/b' clock. 

Mr. Flowers. Who else saw them while they were in your possession? 

Mr. Barckus. Mr. Lewis and I conferred and looked them over. 

Mr. Flowers. Why did you confer and look them over? 

Mr. Barckus. Because I thought we had made a mistake. 

Mr. Flowers. What made you think you had made a mistake? 

Mr. Barckus. Because I had looked over the returns in the papers. 

Mr. Flowers. You said you had them until the next morning? 

Mr. Barckus. I got them Wednesday night and had them until Thursday morning. 

Mr. Flowers. What time did the election booth close? 

Mr. Barckus. AVednesday at 3 o'clock. 

Mr. Flowers. Did you lock the ballot box? 

Mr. Barckus. Yes, sir. 

Mr. Flowers. What did you do with the ballot box? 

Mr. Barckus. Mr. Van Camp took them in the patrol, police patrol, and took them 
to the clerk's office. 

Mr. Flowers. And then you thought there was some mistake and found some 
papers on the floor? 

Mr. Barckus. I didn't go right back then. 

Mr. Flowers. When did you go back? 

Mr. Barckus. About a day or two. 

Mr. Flowers. Then you conferred with whom about them? 

Mr. Barckus. I conferred with him and Mr. Lewis and also Mr. Van Camp. 

Mr. Flowers. Then what did you do with them? 

Mr. Barckus. I turned them over to the clerk's office and showed him, and he 
advised me to take them up here, and I gave them to Mr. Ray. 

Mr. Flovv'ers. Mr. Cobb, do you think a correct copy could be made of this return 
from these papers which have been in irresponsible hands and picked up from the 
floor of the voting booth? 

Mr. Cobb . Tf they can be identified as papers upon which they tallied the count, I 
think they can. 

Mr. Flowers. I disagree with you. How did you get into the voting booth? 

Mr. Barckus. Through the window. 

Mr. Flowers. Anybody else could have gone through the window? 

Mr. Barckus. Possibly could. I didn't go in alone. 

Mr. Flowers. Who went with you? 

Mr. Barckus. Mr. Abbott, a friend of mine from Lenawee County. 

Mr. Miller. Was he campaign manager for Mr. Beakes? 

Mr. Barckus. I don't know. 

Mr. Miller. He might be? 

Mr. Barckus. I can't answer that. 

Mr. Miller. Don't you know Mr. Abbott came and asked you to go? 

Mr. Barckus. Yes, sir. 

Mr. Miller. He was with you, when you went? 

Mr. Barckus. Yes, sir; but I kept them in my possession. 

Mr. Miller. He saw them and looked them over? 

Mr. Barckus. Yes, sir; certainly. 

Mr. Miller. Mr. Abbott came to you alone and asked you to go into that office and 
see what you could find? 

Mr. Barckus. Yes, sir. 



BEAKES VS. BACON. 53 

Mr. Flowers. Did you make any correction on these papers? 

Mr. Barckus. I didn't make any. 

Mr. Cobb . Ask him to look at them and see if they are just the same as when he took 
them out of the booth. 

Mr. Lewis. They are scratch papers iised there in the booth. They divided the 
count, and they reported from the ballots, and some of it we put down on here, and 
that is what it was used for. 

Mr. Flowers. Did you when the votes were counted tally on this tally sheet first 
before you put them on here? 

Mr. Lewis. To refresh our memory we put them on here, on these tally sheets, or 
anything that happened to be handy. 

Mr. Flowers. And then you transferred from there over to this tally sheet? 

Mr. Lewis. Yes, sir. 

Mr. Flowers. Would you regard these figures reliable? 

Mr. Lewis. I would not think there is a thing on there we could go by. 

Mr. Flowers. Would you make oath that they are correct? 

Mr. Lewis. No, sir. 

Mr. Flowers. Would you? 

Mr. Van Camp. No; absolutely not. I think there is one tally sheet that is correct. 
The count was correct. There is one besides this that is not here. 

Mr. Lewis. There is a place where there is 68 and 12 or 58 and 12 or 54 and 12, and 
I think those were both transferred. We have no way of knowing whether they were 
or not. ' 

Mr. Flowers. There is nothing on this sheet to tell what was put on this tally book? 

Mr. Lewis. None whatever. 

Mr. Ray. It might be possible for one party to be short a number of votes and still 
nothing be wrong? 

Mr. Lewis. Yes;becauseof variation in the vote the way it was cast. 

Mr. Flowers. Can you swear, Mr. Barckus, to these figures or correct the return so 
you can swear to it? 

Mr. Barckus. Will you allow me to take this sheet? 

Mr. Flowers. Yes, sir. 

Mr. Barckus. This is your tabulation, Ls it not, George? I don't believe in being 
called a robber? 

Mr. Flowers. Nobody has called you a robber; but the people in that precinct 
should not be proud of the count that was made. 

Mr. Barckus. I admit I never made any figures on this myself, but I have one 
sheet I want to call attention to. It should be here. It is on a small piece. Here 
it is. We had 145 Democratic straight votes, and there were 93, which make 238. 
Here is tabulated Beakes 65 and Bacon 12, Beakes 68 and Bacon 12. There is an 
error some place. 

Mr. Cobb. Who made those figures? 

Mr. Barckus. I don't know; but I say it is short and say it is incorrect. ■ 

Mr. Lewis. I think I made those figures. 

Mr. Cobb. Can you make an explanation of them? 

Mr. Lewis. No; I can't. I don't have any memory of it. You will find figures all 
over these sheets. 

Mr. Cobb. This 238 is the total you gave Beakes? 

Mr. Lewis. Yes, sir. 

Mr. Cobb. This you know is not correct? 

Mr. Lewis. I have no way of knowing. Mr. Harrington called my attention to it. 

Mr. Cobb. Is this your writing here? 

Mr. Lewis. No; it is not. Mr. Coppins says he wrote that. He was the extra clerk. 

Mr. Cobb. These figures 68 and 12, making 80, didn't go into your tabulation at all? 

Mr. Lewis. I am sure I don't know as to that. 

Mr. Cobb.. This yellow sheet is your original entry, is it not? 

Mr. Lewis. No, sir; I had nothing to do with it. , 

Mr. Cobb. That was your original entry? 

Mr. Lewis. On some candidates, possibly. 

Mr. Ray. Would you gentlemen be willing to swear as to whether that is as it was 
originally made? 

Mr. Lewis. I have not seen it since. 

Mr. Ray. Would you swear that is the same as when it was originally made? 

Mr. Van Camp. Yes. 

Mr. Ray. How do you identify it? 

Mr. Van Camp. By my handwriting, and I know my checks. 

Mr. Ray. Who made these check marks that are backward? 



54 BEAKES VS. BACON". 

Mr. Van Camp. I did. 

Mr. Ray. "Why don't they slant the same as these tallies do? 

Mr. Van Camp. Because I reversed them. 

Mr. Cobb. This is one of the tally sheets found in the election booth? 

Mr. Barckus. Yes. 

Mr. Cobb. This sheet here marked "Exhibit A " I wish you would look at and state 
whether that entire sheet was made by you. ' 

Mr. Van Camp. Yes; it was. 

Mr. Cobb. You state to the board of canvassers that is correct? 

Mr. Van Camp. Yes, sir. 

Mr. Cobb. And you are willing to make affidavit to that effect? 

Mr. Van Camp. Yes, sir. 

Mr. Cobb. Is there anything on that paper, Mr. Van Camp, that has been changed 
In any way? 

Mr. Van Camp. I don't think there has. I don't think any change has been made. 

Mr. Cobb. I ask you to look at that paper and observe whether there has been any 
change made or alteration. 

Mr. Van Camp. It has not been altered so I can notice it. 

Mr. Cobb. "Who did you read those figures to? 

Mr. Van Camp. I gave the sheet to Mr. Lewis. Part of the figures I read. 

Mr. Miller. Part of them you read to him from this sheet while he was tallying? 

Mr. Van Camp. Yes. 

Mr. Miller. He was tallying while at least a part of these were read to him. You 
read part of them to him? 

Mr. Van Camp. Yes. 

Mr. Miller. And while you were reading them he was taking them down in some 
way? , 

Mr. Van Camp. Yes, sir. 

Mr. Miller. What was Mr. Lewis's condition at that time? 

Mr. Van Camp. He was pretty sleepy. 

Mr. Miller. You were pretty sleepy, too? 

Mr. Van Camp. Not bad. I stood it better than he did. 

Mr. Cobb. Can you take these figures as you have them here and correct this return 
BO as to correspond with the count as you made it? 

Mr. Van Camp. I think I could. 

Mr. Flowers. Without taking into consideration any figures that came from the 
unofficial recount? 

Mr. Van Camp. I would not consider that because I don't know anything about it. 

Mr. Ray. Who have you talked with a out the unofficial recount? 

Mr. Van Camp. Mr. Lewis and Mr. Barckus. 

Mr. Flowers. And you read it in the papers? 

Mr. Van Camp. No. 

Mr. Flowers. Did you read last night's paper? 

Mr. Van Camp. Yes. It was before that I talked to these fellows. I told Mr. Lewis 
what was the matter with our count several days heiore that. 

Mr. Lewis. Didn't you say you thought that was it? 

Mr. Van Camp. Yes. 

Mr. Miller. Here is another of those yellow papers that was picked up from the 
floor of the voting booth when this gentleman went through the window, figures in 
blue pencil. I ask Mr. Van Camp if'he knows what they are. On the other side are 
some figures and letters in a circle. Do you know what they are? 

Mr. Van Camp.' I don't know anything about them. 

Mr. Miller. Here is another of those scraps of yellow instruction 1; allots with 
figures on one side in pen and ink. 

Mr. Van Camp. I think those are some we ta' ulated, counted on. 

Mr. Miller. Do you know of your own knowledge what it is. 

Mr. Van Camp. Yes. 

Mr. Miller. What is it? 

Mr. Van Camp. I remem'^er seeing it up there when we were making the count. 

Mr. Miller. You didn't write it? 

Mr. Van Camp. No, sir. 

Mr. Miller. Are you a" le to state from any knowledge, except from what you got 
from reading the papers, what the figures on this paper mean? 

Mr. Van Camp. "Yes. 

Mr. Miller. What are the figures 141 and 19 totaling 160 mean? 

Mr. Van Camp. That 141 I think were Democratic straights in one pile. 
Mr. Miller. As a matter of fact there were 145. 

Mr. Van Camp. In one pile I said. We took some out when we came to count them. 



BEAKES VS. BACOlSr. 55 

Mr. Miller. You didn't take any splits out. 

Mr. Van Camp. I think we did. 

Mr. Miller. These figures 167, 29. and 196, what are they? 

Mr. Van Camp. I think they are Repu' lican splits. 

Mr. Miller. That is a document you didn't make? 

Mr. Van Camp. No; I didn't make it. 

Mr. Miller. What are the initials on the other side of the paper, "'11 C. F. B."? 

Mr. Van Camp. C. F. Barckus. 

Mr. Miller. Do you know what that means, what it stands lor, the 11? 

Mr. Van Camp. I don't know. 

Mr. Miller. Here is another sheet with some figures on. Do you know what these 
figures on that sheet mean, marked •'2C.F.B."? 

Mr. Van Camp. I don't know anything a\^out that. I suppose it is his mark. 

Mr. Miller. The figures in pen and ink on that sheet, do you know what that 
means or stands for? 

Mr. Van Camp. That stands for Democratic straights before we threw any out. 

Mr. Miller. You mean that 145? 

Mr. Van Camp. Yes. Afterwards we went over them and took out one or two that 
was split. 

Mr. Miller. Can you point out something else a' out that sheet you know about? 

Mr. Van Camp. That 97 was a bundle of splits for the Democrats. 

Mr. Miller. For what office? 

Mr. Van Camp. I couldn't tell. 

Mr. Miller. As a matter of fact — let us be frank — you really don't know what they 
mean, do you? You would not undertake to explain? 

Mr. Van Camp. No; I would not undertake to explain. 

Mr. Miller. You would not say what these figures "3 C. F. B. " stand for? 

Mr. Van Camp. No. 

Mr. Miller. And this paper numbered "7 C. F. B. "? 

Mr. Van Camp. No. 

]Mi-. Miller. Who ta^ ulated this, "No. 5 C. F. B."? 

Mr. Van Camp. I don't know. 

Mr. Miller. Do you know whether this got into the tally book or not? 

Mr. Van Camp. I don't know anything a out that. 

Mr. Miller. You don't know whether that tally was used in transferring into the 
tally sheet at all? 

Mr. Van Camp. No. 

Mr. Cobb. You observe these figures numbering these tallies you have on this 
sheet? 

Mr. Van Camp. Yes. 

Mr. Cobb. This relates to the tally made on candidates as they appeared on the 
ballots? 

Mr. Van Camp. I couldn't say about that. 

Mr. Miller. You called off these figures on this sheet 14 C. F. B.? 

Mr. Van Camp. I didn't call them off. I called on one. That is not here. 

Mr. Miller. Then there are other tally sheets? This is not a complete set? 

Mr. Van Camp. No; but this one I left there, and I tliink he omitted this. 

Mr. Miller. Do you know he did? 

Mr. Van Camp. 1 am almost positive. I would not swear to it. 

Mr. Cobb. Do you say they are obliged to swear to it to correct it? 

Mr. Miller. Certainly not. 

Mr. Miller. Anything else on tliis sheet that didn't get into the returns? 

Mr. Van Camp. I didn't pay attention to it. 

Mr. Miller. As a matter of fact, what you know and are saying here is based upon 
what somebody else has told you? 

Mr. Van Camp. No, I don't tliink so. They have not told me anything to change 
my mind. 

Mr. Miller. Did you call off all the tallies on tliis sheet? 

Mr. Van Camp. No. 

Mr. Miller. You don't know whether the tallies here were called for, all of them, or 
not? 

Mr. Van Camp. No. 

Mr. Miller. But you really do know, so you say, you put on the tallies on this 
sheet and wrote in the figures and words? 

Mr. Van Camp. Yes. 

Mr. Miller. You say about the same thing about the 3 C. F. B., and you don't 
know what they do signify? 

Mr. Van Camp. I could figure them out pretty close. 



56 BEAKES VS. BACOlSr. 

Mr. Miller. Did you make the figures? 

Mr. Van Camp. No. 

Mr. Miller. Did you see them there? 

Mr. Van Camp. Some of them. 

Mr. Miller. As a matter of fact tlie only way that the exact vote cast for this office 
can be determined is by a recount? 

Mr. Van Camp. I think the only way an exact count can be made. 

Mr. Miller. As a matter of fact if the board did leave out some votes for the office 
of Congressman, and I guess we all concede they did, those Azotes might have been on 
some other sheet than tlie one you identif^^? 

Mr. Van Camp. It might have been. I didn't see him make this. He was handUng 
the book, and at the time Billman and I went out to get a lunch the tally sheets were 
all right. This is the one I left on the table. There is one paper missing. 

Mr. Miller. How do j'ou account for the fact that adding the figures that appear 
to be on here to the vote that shows for Beakes and Bacon on this main tally sheet that 
there is a discrepancy of 25 or 26 votes between the recount and what the addition of 
tliis would show? Would not that shake your faith in it? 

Mr. Van Camp. I don't know about that. 

Mr. Miller. The other tally sheet is gone? 

Mr. Van Camp. Yes, -Mr. Barckus did not find that. 

Mr. Cobb. What do these figures mean here? 

Mr. Barckus. I think I had 15 tallies and signed my name to them after I enumer- 
ated them in order. 

Mr. Cobb. When did you put those initials on there? 

Mr. Barckus. The morning after I got them at night, and I delivered them to you; 
so I could identify them is what I did it for. 

Mr. Cobb. Do you make any statement in relation to these figures 247? 

Mr. Barckus. If you will allow me to find the paper I might enlighten you. They 
may be my figures, I don't know. I will explain that in tliis way. When we counted 
straight Republicans they counted 247. When I took them and rolled them up I 
found 53 Democrat tickets, and that is the reason I think the book has been erased 
and made 194. Both of the books will show that. I showed the 53 ballots to the 
members of the board and they took the names and erased these numbers. 

Mr. Cobb. Is that a correct explanation? 

Mr. Lewis. That is the size of that. 

Mr. Miller. Do you feel as though in this congressional matter you could give a 
correct return by adding 12 to Mr. Bacon's vote and 68 to Mr. Beakes? Do you think 
that w'ould make a correct return? 

Mr. Lewis. No, I do not. 

Mr. Cobb. Are you willing to take these papers and sit down with the other mem- 
bers of the board of inspectors and go over your figures and undertake to make a cor- 
rect return which would show the vote as you counted it? 

Mr. Lewis. We have already made the return as we counted it. 

Mr. Cobb. Why do you say that? Two members of the board say you have not. 

Mr. Lewis. That might be if they figure the mistake. 

Mr. Miller. Who entered in this official tally sheet the tallies on page 6; do you 
remember who entered the figures from these tally marks? 

Mr. Lewis. It don't hardly seem as though I used as much ink as that. 

Mr. Miller. I suppose when you were using this tally book the tallies were entered 
by Ciilling from these loose sheets. 

Mr. Lewis. The man that had the ballots called the number of votes for the candi- 
dates and we put it right down on any of these papers or anything we had handy, 
and that is all the attention we paid to it. 

Mr. Cobb. Then you took it from these and put it on your tally sheet? 

Mr. Lewis. Yes; any one of these. 

Mr. Miller. Mr. Vati Camp says he made that but that he did not call it off. Who 
did call it off, do you know? 

Mr. Lewis. Mr. Van Camp called it off to the clerks and it was entered. 

Mr. Van Camp. I did one of them, the one that is not here, but this one I didn't. 
This is the one I left when we went after the sandwiches. I left this one on the table. 
The others I tallied out and gave them to you, and you put them on your book. This 
is the last one I made and I left it there for you to copy off from when we left to get 
the sandwiches. 

Mr. Cobb. Who did call it off to the rest of the board? 

Mr. Van Camp. I don't think it was called. 

Mr. Cobb. To the best of your knowledge notliing on that was called off to the rest 
of the board? 

Mr. Van Camp. I think Mr. Lewis took it and got part of it. 



BEAKES VS. BACON". 57 

Mr. Cobb. How many votes were cast in that precinct for the various ofBccs? 

Mr. Van Camp. Seven hundred and three. 

Mr. Cobb. How did the other offices run? 

Mr. Ray. This is their return: For judge of probate there were 602 votes cast alto- 
gether; sheri^I, 695; clerk, 679; treasurer, 679; register of deeds, 688; prosecuting 
attorney, 674. 

Mr. Cobb. Now give me the total vote cast for Ptepresentative in Congress. 

Mr. Ray. Five hundred and ninety-five. 

Mr. Cobb. Add those 80 votes and it makes 675. They run about alike. 

Mr. Miller. Have you this on record: All these yellow sheets wliich are marked 
with Mr. Barckus's initials and are numbered consecutively from 1 on up are the only 
papers presented as records to the election board and from which they are requested 
to correct their original returns? All these papers were found in the election booth 
after a lapse of some little time, time indefinite, after the board had completed its 
deliberation, and none of them were found or ever were in the ballot boxes; further, 
that they were for some time in the possession of Mr. Barckus. 

Mr. Cobb. Why didn't you sign the return? 

Mr. Lewis. I did, one statement. 

Mr. Cobb. Which one did you sign? 

Mr. Miller. His name is on the poll book. 

]\Ir. Ray. And he signed one of these amendment statements. 

Mr. Cobb. Why didn't you sign the inspector's statement? 

Mr. Lewis. Mr. Barckus actecl as chairman of the board and put them on the table 
and said we better sign them, but this one happened to pass by. 

Mr. Miller. Add to my statement, and Mr. Cobb can object to it if he wishes to, 
that the ballot boxes are ii'on boxes and have a cover of one piece, and which can be 
removed upon unlocking the box — unlocking the lock, which is an ordinary padlock — 
and giving the box a short turn to the right or left, as the case may be, to disengage 
a handle from a slot made for its reception in the side of the box. The entire top of 
the box can then be removed, and the only seal which appeared upon the box when 
it was produced before the board. 

Mr. Flowers. I would like to renew the motion I made a few days ago, that we 
proceed to canvass the vote cast for candidates for Congress from the tally sheet which 
came to us from the inspectors of election in the first precinct of the second ward. 
I would like to add to that, as one of the members of the board, I am willing to 
add to the certificate we make to the State board of canvassers that it is admitted 
that there are a certain number of votes which were not credited to either candidate; 
that in accordance with the law we have had the inspectors of that precinct before 
us and that they have produced a certain number of sheets of paper which were not 
in the ballot box and wliich one of the inspectors states were picked up from the 
floor or tables in the voting booth some time after the election and which have been 
in his hands until they were delivered to this board. I don't believe we would be 
justified in correcting the tally sheet from the conflicting evidence given by these 
inspectors T ask the chairman to put the motion. 

Mr. Pay. I support the motion. 

Mr. Cobb. This is the morning I understand the board of inspectors was to be sum- 
moned before this board. There is one member of the board that has not appeared. 
Two members of the board who have appeared say they can take these figures and 
make a correct statement of the vote cast based upon the count of the vote as they 
made it. The other member of the board is not here and there is nothing to indicate 
he has been summoned to be here. The action you now propose to take is not in 
keeping with the action you determined upon last night. I feel more strongly than 
ever before that you ought not to canvass this vote. I stated last night I assumed 
you gentlemen wanted to do your whole duty as a board of canvassers. If I would 
attempt to put any obstacle in the way of your doing it or in any way hamper or annoy 
you in your attempt to accomplish that I would be less than half a man. You know 
whether I have undertook to adopt police court pettifogging methods. You gentle- 
men know whether I ha^-e said a word to one of you that I have not said publicly. 
You gentlemen know whether or not you said to me the other day you would be glad 
to have me ad\ase you as to what you should do, and I told you I couldn't do it, but 
that you could get someone who was unprejudiced and unbiased. The situation is 
just this: It is conceded on all hands there is an error. I want to ask you whose 
position most appeals to you? Mine when I am saying to you that I think the will 
of the voters of this congressional district that you determine who is elected to this 
office, that the truth ought to be known and that I am willing to throw to the winds 
all quibbles on procedure and say to you, go to it, or the position of the gentleman on 
the other side who instead of putting the cards on the table where they belong and 
where everyone can see them holds them right close to his belly, but insists all the 



58 BEAKES VS. BACON. 

time he is entitled to the pot and proceeds to rake it in. That is the position taken 
here in the interest of Mr. Bacon. 

They say to you, gentlemen, there is a mistake but we ask and insist that you 
certify that it is correct. I want to ask you if anything farther without the pale of 
reason? Is there a man on this board, or within the sound of my voice, who don't 
know that that is stultification? Ask yourself the question. Were the position re- 
versed and I here saying to you there is a mistake but I want you under your oath of 
office in the discharge of your official duty to certify this mistake is correct, would you 
do it? No, nor you ought not to do it. I want to ask you, gentlemen, supposing you 
were called upon to raise your hand and say under oath, as you have questioned these 
men here to do, so help me God this return is a correct return of the votes cast in that 
precinct, would you do it? No; you would shrink from such a responsibihty. ,Why? 
Because you are not the kind of men who commit perjury. I want to ask you is it 
less reprehensible to state a falsehood and certify to it? Is it less reprehensible in the 
eyes of mankind and justice than it is to swear to it? Suppose I came to you gentle- 
men with an affidavit and I said to you I wanted you to sign it and by your oaths 
verify that affidavit and Mr. Flowers turned to me and said, "This is not the truth, 
is it?" "No." He would say, "What do you mean by coming to me with such a 
proposition as that" and turn me over to the police, or would you say, "We can't 
swear to it, but we will certify to it if it will do you any good?" Mr. Miller says, 
"Certify to it and let them upset you if they can. ' ' I say preserve your manhood and 
sense of duty and right and refuse to ce^rtify to it and let them upset you if they can. 
Which do you like the best? If you are wrong in taking the state you ought not to 
certify to a thing you know is false, the courts will comperyou'to, and nobody will 
be injured by it. On the other hand, if you certify to a thing you know is wrong 
without being compelled to do it, you know you are doing a thing you would not bo 
in the ordinary affairs of life. Are public officials to shut their eyes to all considera- 
tion of affairs that actuate men in the affairs of life and that entirely are contrary to 
everything that is dictated by reason and common sense? If so, it is your duty to 
"certify to it. If not, you ought not to do it. 

Mr. Eadford. If we refuse to certify to that, what happens then? 

Mr. Cobb. I suppose, Mr. Miller, in the interest of Mr. Bacon, would make applica- 
tion to the court to compel you to do it, or if any member of the board should refuse 
to sign it, as you all should join, he would make application to make you sign it, and 
the court would say when you made your return whether or not you should do it. 

Mr. Miller. Well, I don't think I should do anything and the State board of 
canvassers would not canvass the vote. I am willing to have Jackson County thrown 
out. 

Mr. Radford. Mr. Billman is here now. 

Mr. Flowers. Yon was a member of the board of election inspectors in the first 
precinct of the second ward? 

Mr. Billman. Yes. 

Mr. Flowers. You live in that ward? , 

Mr. Billman. I do. 

Mr. Flowers. Have you followed the report of the proceedings in the newspapers 
the last few days? 

Mr. Billman. No, sir. 

Mr. Flowers. It is apparently true that the tally sheet which you signed don't 
give the full vote for a number of candidates. Would you be able to correct that so 
as to be absolutely right from any information you have? 

Mr. Billman. No; I would not say I would be able to correct it. 

Mr. Flowers. What part did you perform in the counting of these votes that night? 

Mr. Billman. I called them off from the ballots to some one else. 

Mr. Flowers. They used a sheet like this? 

Mr. Billman. Similar to that. 

Mr. Flowers. You don't know whether this is correct or not, you simply called 
from the ballots? 

Mr. Billman. I simply called from the ballots is all. 

Mr. Flowers. Do you think that you and the other inspectors could make a cor- 
rect report from that precinct without recounting the ballots? 

Mr. Billman. I am sure I couldn't say about that. 

Mr. ^lowers. Don't you know that you couldn't? 

Mr. Billman. Well, we could go ove/it, but whether it would be correct and satis- 
factory, I don't know. 

Mr. Flowers. What do you mean by going over, a recount? 

Mr. Billman. A recount of the ballots. I don't know as it would be any more 
correct. 



BEAKES VS. BACON. 59' 

Mr. Flowers. The only way the return could be corrected you think would be by a 
recount? 

Mr. BiLLMAN. The only way I see. 

Mr. Flowers. Have you seen these papers since the election booth closed that 
day? 

Mr. BiLLMAN. No, sir. 

Mr. Flowers. Have you talked with anybody about it since then? 

Mr. BiLLMAN. No, sir, I have been out of the city most of the time. 

Mr. Flowers. Did you sign that petition to the board stating there was an error?" 

Mr. BiLLMAN. I did. 

Mr. Flowers. Who asked you to sign it? 

Mr. BiLLMAN. Mr. Barckus. 

Mr. Flowers. What did he tell you when he asked you to sign it? 

Mr. BiLLMAN. Nothing. He said there was a paper to sign, and I signed the paper 
and went back. 

Mr. Flowers. Did you know what the paper was when you signed it? 

Mr. BiLLMAN. I had an idea to give the canvassing board the privilege of opening 
the ballot box for a recount. 

Mr. Flowers. Don't you know the law extends us the privilege of opening the 
box but not conducting a recount for this office? 

Mr. BiLLMAN. I didn't understand it. I haven't talked with anybody about it. 
Some of the members had signed it, so I did. 

Mr. Cobb. In making up your return you had to take the word of the men who 
kept the tally sheet, did you not, as to whether it had been correctly kept? 

Mr. BiLLMAN. Yes. 

Mr. Cobb. Do you remember of their taking and making a tally sheet like tliis, 
putting down four marks and then o^e mark to check it, and carrying out the results? 

Mr. BiLLMAN. Yes, sir. 

Mr. Cobb. With that you had nothing to do? 

Mr. BiLLMAN. Not at all. 

Mr. Cobb. Then you are in just as good a position now to take their word in cor- 
recting this return as you was when you accepted it before and signed the return? 

Mr. BiLLMAN. I couldn't say whether it was correct. 

Mr. Cobb. Can you inspectors take the data you made at the time and correct the 
vote as you counted it? 

Mr. BiLLMAN. I don't know how to answer that question. I could call these names 
off again. 

Mr. Flowers. On this sheet of yellow paper Mr. Beakes is credited with 68 votes 
and Mr. Bacon 12. Do you know from what ballots these were taken? 

Mr. BiLLMAN. No, but on split ballots of course. 

Mr. Flowers. After these were counted on this sheet they were presumably trans- 
ferred to the tally sheet, or was the tally sheet kept at the same time? 

Mr. BiLLMAN. If I understand it right, Mr. Van Camp called the names off, and 
Mr. Lewis set it down. 

Mr. Flowers. And then these figures were transferred to the tally sheet? 

Mr. BiLLMAN. Yes, sir. 

Mr. Flowers. Do you know whether these particular figures were transferred? 

Mr. BiLLMAN. I don't know. I suppose they were. 

Mr. Flowers. Any questions, Mr. Miller? 

Mr. Miller. No, I have no questions. 

Mr. Cobb. Do you remember whether or not there was a count of 68 for Beakes 
and 12 for Bacon on some tabulation you made? 

Mr. BiLLMAN. No, I couldn't say I remember it. 

Mr. Cobb. Mr. Van Camp says he called off to Mr. Lewis from the tabulated sheet 
the figures which show 65 and 12, 65 for Beakes and 12 for Bacon, and that you and 
he went out to get lunch and he handed this sheet to Mr. Lewis which contained the 
68 for Beakes and 12 for Bacon and that you and he went away. ^ Do you remember 
that circumstance? 

Mr. BiLLMAN. I remember going away, but I don't remember the sheet being 
handed to him. 

Mr. Cobb. You have no recollection of Mr. Van Camp calling off these figures?' 

Mr. BiLLMAN. I couldn't say these same ones. 

Mr. Cobb. In arriving at your result you had to take the figures as made up by the 
inspectors as correct? 

Mr. BiLLMAN. Yes, sir. 

Mr. Cobb. You can take these original figures and say whether they are correct now 
just as well as you could when acting as an inspector that night or the next day? 



60 BEAKES VS. BACON. 

Mr. BiLLMAN. So far as that is concerned, yes. 

Mr. Cobb. Would you be willing to meet with the inspectors and make a corrected 
return in accordance with the vote as you counted it? 

Mr. BiLLMAN. 1 would be willing to. 

Mr. Miller. Do you know whether or not the tally on this sheet was carried into 
the tallies on page 6 of the tally book or not? 

Mr. BiLLMAN. I don't know what page or anytlxing about it. 

Mr. Miller. Do you know whether they were carried to the tally book at all? 

Mr. BiLLMAN. I suppose they w^s. I don't know. 

Mr. Miller. Those particular tallies on that particular sheet might be on that page, 
and might not? This sheet might have been omitted and some other sheet might 
Lave been omitted? 

Mr. BiLLMAN. Yes, sir. 

Mr. Miller. Mr. Barckus has said there is a sheet missing. 

Mr. BiLLMAN. I have no idea. 

Mr. Miller. It was Mr. Van Camp said it. 

Mr. BiLLMAN. I don't know anything about those sheets only that they used them 
to check on when we called the names. 

Mr. Miller. What sheet was it that is missing? 

Mr. Van Camp. I think it had fifty-odd ballots and 12. 

Mr. Miller. You mean a tabulation kept similar to this one? 

Mr. Van Camp. Yes. sir. 

Mr. Miller. How can you correct your returns if you don't have that sheet? 

Mr. Van Camp. I saw them tabulated there, 

Mr. Miller. Do you remember the figures tliat were on it? 

Mr. Van Camp. I couldn't swear to that. 

Mr. Miller. Without ha^dng all those figures you made, you couldn't correct this 
return? 

Mr. Van Camp. I saw those things put down. 

Mr. Lewis. Mr. Van Camp, who took the 65 and 12? Who counted the ballots for 
that? 

Mr. Van Camp. We did. I and Mr. Billman. 

Mr. Lewis. Are you sure about that? Didn't we divide those ballots? 

Mr. Van Camp. Yes, and*you didn't get through when we did. 

Mr. Lewis. Yes; and you finished it? 

Mr. Van Camp. Yes, sir. 

Mr. Cobb. Mr. Barckus, state whether or not you can take the memorandum which 
you have here and correct this return in accordance with the votes as they were counted 
by you. 

Mr. Barckus. Well, I can answer in this way. I didn't count all the votes. 

Mr. Cobb. I mean the count as it was made. 

Mr. Barckus. The count as it should be made. I am taking it from that stand- 
jDoint. 

Mr. Cobb. Take the vote as given to you and make a correct return,? 

Mr. Barckus. I think I can. 

Mr. Flowers. After you made what you thought was a correct return would you 
make a certificate that this is a correct return of the vote cast in the firs^ precinct of 
the second ward for the office of Representative in Congi'ess on the 7th day of Novem- 
ber, 1916? Could you sign that? 

Mr. Barckus. I did sign that. 

Mr. Flowers. Could you make and sign one that is absolutely right? 

Mr. Barckus. I think I can. 

Mr. Flowers. Could you, Mr. Billman? Would you be willing to sign such a 
-certificate? 

Mr. Billman. I would do to the best of my ability to correct it. 

Mr. Flowers. Would you, Mr. Van Camp? 

Mr. Van Camp. I would to the best of my ability if we could find the mistake. 

Mr. Flowers. Could you, Mr. Lewis, make a certificate representing the correct 
vote cast in that precinct for this office? 

Mr. Lewis. I couldn't from any data that is here. 

Mr. Cobb. Did you count the votes, Mr. Lewis? 

Mr. Lewis. Only a small portion. 

Mr. Cobb. Then, in making your return, you took the word of somebody else for it? 

Mr. Lewis. Yes; as they were counted. 

Mr. Cobb. If you should undertake to correct these returns, you would have to 
take their word as you did up there? 

Mr. Lewis. Yes. 



BEAKES VS. BACON. 61 

-Mr. Cobb. You could do it as well now as you could then? 

Mr. Lewis. "We done it then. 

Mr. Cobb. You could it do as well now? 

Mr. Lewis. I should sav not. 

Mr. Cobb. Why? 

Mr. Lewis. Because we have nothing here but these tally sheets and this is nothing 
but scratch paper. 

Mr. Cobb. It' you tabulated this vote at all, you took it from that? 

Mr. Lewis. If it was called from that, yes. When we divided those votes 'SU\ 
Coppins and I had caught up, and they gave us some and we counted ballots, and they 
coimted some. We counted a portion of those on Representative. 

i\Ir. Cobb. Mr. Lewis, you didn't undertake to verify the count of the ballots as 
made? 

Mr. Lewis. We didn't go over them a second time. 

Mr. Cobb. You were not present when all of them were counted? 

Mr. Lewis. Yes, sir. 

Mr. Cobb. Did you count all those votes? 

Mr. Lewis. No. 

Mr. Cobb. Did you undertake to verify them? 

Mr. Lewis. That came from the counters, no. 

Mr. Cobb. You took the figures from them? 

Mr. Lewis. Yes, sir. 

Mr. Cobb. You didn't undertake to verify, the tabulation they made, did you? 

Mr. Lewis. I didn't see it. They read it. 

Mr. Cobb. You took it from these men who are here? 

Mr. Lewis. Yes, sir. 

Mr. Cobb. Is there any reason why you can not take it from them now as well as 
you could then? 

Mr. Lewis. Perhaps I might. 

Mr. Cobb. Would you be just as wiling to? 

Mr. Lewis. No. sir; I would not. 

Mr. Cobb. If they could deceive you then, they could deceive you now. Is that 
what you think? 

Mr. Lewis. No. I know there has been a statement made here that is not right. 
They didn't count that 68 and 12 because Mr. Coppins and I counted them ourselves. 
They say they counted that and that I scored it in. Mr. Van Cam.p said that. 

Mr. Cobb. Who counted the ballots that made 68 and 12? 

Mr. Van Camp. Hillman read them to me, and I tallied them. 

Mr. Radford. We have heard some reason why we should not certify to that state- 
ment, and now I would like to hear why we should . 

Mr. Miller. Because the law says to. Because there is a place where a recount can 
be had. The members of the election board are conflicting in their statements. 
They all admit there is a mistake. I admit that. But there is a place provided by law 
for the correcting of this mistake. 

Mr. Cobb. Where is it? 

Mr. Miller. I explained that to you carefully yesterday. You will find it in the 
statutes and decisions of the State of Michigan. The board of county canvassers in 
two or three election districts have completed their work. I think Lenawee, Wash- 
tenaw, and Monroe have completed their work and adjourned. If we had desired to 
go before the different boards of county canvassers and ask them to do something which 
they clearly can not do and give it legal effect, the time has gone by. There is one 
authority where all these matters can be brought together in one proceeding, where 
both sides can have all the relief they want and are entitled to and both sides get 
exact justice. The men that constitute that board are three of the State officers, the 
secretary of state, auditor general, and superintendent of public instruction. I don't 
think anybody here would say that Mr. Vaughn or Mr. Fuller or Mr. Keeler, who hold 
these offices, would do anything but justice between these two candidates. I can't 
understand why all the fuss has been made about this. The board of election inspec- 
tors can not agree. Some say they can correct the error, and some say they can't. 
The best any of them could be able to do in correcting the returns comes about 26 or 
28 votes from the votes cast as shown by the informal recount made yesterday. Ex- 
cept in amount it would be just as incorrect if they did change it to agree with the 
figures on those sheets, and nobody is able to say what is on those sheets didn't get into 
this tally book. There is another tally sheet that is not here and apparently was de- 
stroyed, or at least was not found when the search in the election booth was made, 
and, outside of that, all of these papers are papers that are not evidence you cart 
consider. If they are original tally sheets, there was but one place for them, and 



62 BEAKES VS. BACON. 

that is in the ballot box, and the reason for putting them there is that they will be 
locked up and kept from being tampered w.'th, and for the very reason one of them 
was in the hands of a private party who has shown himself here to be a pretty good friend 
of one of these candidates, and has been in the hands of different ones for nobody knows 
how long — for several days anyway — I say you have no right to consider it. The only 
evidence that can produce a correct return is the ballots themselves. 

Mr. Flowers. The prosecuting attorney agrees with us to certify to this return 
and in an additional statement say we believe the count on Representative in Con- 
gress is incorrect and do not believe the inspectors of that election precinct can cor- 
rect it. I would not be willing to accept as evidence fragmentary papers which have 
been scattered about since election day. 

Mr. Cobb. Suppose the board of inspectors say "We made a mistake and now recall 
it." No papers or anything about it. Would they have a right to correct it? 

Mr. Flowers. What they haA^e said does not agree with the unofficial recount 
anyway. 

Mr. Cobb. Would they have a right to correct their return? 

Mr. Flowers. I am not sure about that. 

Mr. Cobb. Would there be any question about it? 

Mr. Flowers. They don't say that. 

Mr. Cobb. They all say to you — even Mr. Lewis says — that is not right. The 
statute provides it shall be your duty to order them to correct it and make a correct 
return and you may adjourn from day to day for them to do it. You have not ordered 
them to do it. You know there is a mistake. You have not ordered them to try to 
do it. 

Mr. Flowers. We have examined them to see what ability they have for correcting 
it, and they don't agree. 

Mr. Cobb. They all say they will try, except Mr. Lewis, who, for some reason, does 
not seem to be in accord with the others. Two of them say they can do it, and they 
have as good facilities for doing it as they had dowQ there, and don't have to take one 
another's word here more than they did doAVTi there. 

Mr. Miller. They have everything here they had there except the ballots and one 
tally sheet. 

Mr. Flowers. What return would they make on straight votes? 

Mr. Cobb. They would make the return that there were so many straight Repub- 
lican and so many straight Democrat, according to their count. 
"Mr. Flowers. Which is not correct. 

Mr. Cobb. But it is correct according to their count. It is a question of correcting 
it as the count — only as the count — they made, not based on any recount, but corrected 
return based upon their count. If I were in the situation you gentlemen are I would 
let the court say whether or not you are compelled to certify to .a thing you know is 
incorrect. 

Mr. Flowers. We are supposed to certify the returns are correct so far as they 
come to us. 

Mr. Miller. I have nothing fiu'ther to say. 

Mr. Flowers. I renew my motion, Mr. Chairman. 

Mr. Ray. Support it. 

Mr. Radford. Those in favor of the motion say "I" and those opposed "no." 

Mr. Flowers. I. 

Mr. Ray. I. 

Mr. Radford. As far as I am concerned I want to do as near right as I can, and I 
can not morally sign that certificate. 

(Thereupon adjournment was taken.) 

Contestant's Exhibit No. 28 — James S. Allen, Notary Public, Jackson 

County, Mich. 

[From the Detroit Free Press, Dec. 6, 1916.] 
COUNT the JACKSON BALLOTS. 

The board of State canvassers should grant the petition of Congressman Beakes and 
recount the ballots cast in the disputed precinct of Jackson, where the candidate 
declares enough were ignored to seat him. If there is any doubt as to other precincts 
in the districts the ballots there should also be examined and properly credited. 

It is of minor consequence that the result of this action might be the election of one 
or the other contestant. Even if the control of the next House of Representatives 
were to turn on the certificate to be issued for the Second Michigan district and if the 
effect of the State board's decision were to transfer the majority from the Republican 



BEAKES VS. BACOX. 63 

to the Democratic side, it is of vastly greater importance that the will of the voters 
should be duly recorded than that one or the other party in national politics should 
gain a transient \'ictor\\ 

Technicalities should not be permitted to determine the course in this matter. 
Michigan has no desire to stand before the Nation as a party to dubious methods in 
politics. 

Coimt the ballots and seat the man who was elected, whoever he may prove to be. 

Contestaj^t's Exhibit No. 29 — James S. Allen, Notary Public. 

[Citizen Press, Jaclison, Mich., Nov. 18, 1916.] 

PLAY FAIR, MR. BACON. 

Can it be that ^lark R. Bacon, Republican candidate for Congress in the second 
district, is desirous of annexing the seat in the lower House either by hook or by 
crook ? 

;Mr. Bacon's attitude in relation to the situation occasioned by an alleged error 
in the count in the first precinct of. the second ward which deprived his Democratic 
opponent. Mr. Beakes, of from 56 to 80 votes — enough to reelect him — tends to create 
such impression. 

On the face of the returns, Mr. Bacon has a small lead over Mr. Beakes, but with a 
recount on Congressman in the precinct mentioned. Democratic leaders claim, the 
latter's vote will be found sufficient to overcome the Bacon lead and give Beakes the 
seat. 

It is very doubtful that Mr. Bacon desires to acquire the seat on a flimsy technicality 
due to an apparent mistake of the precinct election board. The election being over 
and political tension ha^-ing relaxed, the voteTs of the district are now interested only 
in seeing that justice be done and that the man who received the larger vote be given 
the seat. 

Instead of opposing a recount, Mr. Bacon, in all fairness, should insist upon it, 
thereby affording pleasure to his friends who certainly do not care to see him occupy 
a position to which his title is decidedly foggy. 

\Miile the proceeding before the county canvassers is for a recount on coroner, it 
is the general belief that this is but a subterfuge, the real purpose being a recount of 
the vote on Congressman. 

The most popular words that Mr. Bacon could possibly utter to the canvassing 
board is: "Open the ballot box, gentlemen; proceed with the recount." 

Contestant's Exhibit, No. 30 — James S. Allen, Notary Public. 

[The Jackson Patriot, Jackson, Mich. , Nov. 18 ,1916.] 

PETTY politics. 

Eighty citizens of the first ward, having complied with every provision of the law, 
voted their choice for Congressman on November 7; 68 of them voted for Beakes 
and 12 for Bacon is the belief. 

The officers of the election freely concede that these votes were not included in 
their retiun. They consisted of a pile of "split"' votes, which were overlooked. 
Presumably the ballots were deposited in the ballot box, and the box given into the 
custody of the city clerk. The evidence goes to show that the ballots now in the 
box do not agree as to number with the returns made. 

It is a matter of common honesty and decency that these votes be credited to the 
candidates for which they were cast. There is now a deal of quibbling as to the legal 
right of some one to correct an ob^-ious error. 

- The peojjle will prove impatient of such tactics. The fact that upon the result of 
the count of these 80 votes may depend the organization of the next Congress of the 
United States should have no bearing on the case. Eighty citizens of the second 
ward have legally voted; their votes were not counted through an obvious error. 
If there appeal's a disposition to permit partisanship to interfere with common honesty 
in Jackson, it woiild seem to be a case for the consideration of the officers of the Federal 
Government. 

notice of taking depositions. 
To Mark R. Bacon: 

Sir: You will please take notice that depositions will be taken on behalf of con- 
testant in this cause before James R. Taylor, Esq., a notary public in and for the 
county of Wayne, State of Michigan, in the town hall of the township of Romulus, 



64 BEAKES VS. BACON. 

in the county of Wayne, Mich., at 10 o'clock a. m., on Friday, the 2d day of March, 
1917, upon the following 'witnesses: Alfred L. Bower, of the township of Romulus, 
Wayne County, Mich.; Lambert W. Baisley, of the township of Romulus, Wayne 
County, Mich.' 

And' that you are invited to be present at the time and place above named for the 
taking of said depositions and to cross-exandne the said witnesses. 
Dated February 24, 1917. 
Yours, etc., 

Arthur Brown, 
Attorney and Agent for said Samuel W. Beakes, Contestant, 

106 North Fourth Arenue, Ann Arbor, Mich. 

To Guy A. Miller, 

:E005 Dime Bank Building, Detroit, Mich., attorney and agent 

for Mark R. Bacon, returned Member. 

State op Michigan, 

County of Washtenatu, ss: 
Arthur Brown, being first duly sworn by me, deposes and says that on the 24th 
day of February, 1917, he personally served a vmtten notice, of which the within is 
a true copy, upon Guy A. Miller, attorney and agent for Mark R. Bacon, the above- 
named returned Member, at Detroit, Wayne County, Mich., by then and there de- 
livering to him j^ersonally the said written notice. 

Arthur Brown. 

Subscribed and sworn to before me this 24th day of February, A. D. 1917. 
[seal.] Frank B. De Vine, Notary Public. 

My commission expires December 29, 1919. 

notary's subpobna. 

To Alfred L. Bower and Lambert W. Baisley: 

We command and strictly enjoin upon you and each of you that, laying aside all 
manner of business and excuses whatsoever, you and each of you be and appear 
before me, the undersigned, a notary public in and for the county of Wayne, Mich., 
in the town hall of the township of Romulus, in the county of Wayne, Mich., at 10 
o'clock a. m., on Friday, the 2d day of March, 1917, to testify and give evidence in 
the above-entitled cause now pending on the part of the above-named contestant. 

And that you bring -with you and produce before me at said time and place the 
ballot boxes and keys thereto containing the ballots cast in said township at the 
general election held in said township on Tuesday, the 7th day of November, 1916. 

And for failure so to do, you and each of you will be deemed guilty of a misdemeanor 
and liable to indictment and punishment therefor, as provided by the laws of the 
State of Michigan. 

Witness my hand at the township of Romulus, in the county of Wayne, Mich., 
this 24th day of February, 1917. 

[seal.] . Jas. R. Taylor, Notary Public. 

State of Michigan, 

County of Wayne, ss: 

I hereby certify and return that on Satiu-day, the 24th day of February, 1917, in 
the township of Romulus, in said county and State, I served the within subpoena 
personally upon Alfred L. Bower and Lambert W. Baisley, by then and there de- 
livering to each of said witnesses personally a true copy of the within subpoena and 
by paying to them each the sum of $1. 

Dated at Romulus, Wayne County, Mich., this 2d day of March, 1917. 

My fees, |2. 

Charles L. Rutter, Deputy Sheriff. 

depositions on behalf op contestant. 

Present: James R. Taylor, notary public. 

Proceedings had before me, James R. Taylor, a notary public, in and for Wayne 
County, Mich., which county is in the second congressional district of the State of 
Michigan, sitting for the purpose of taking testimony in the above-entitled contested 
election case. 

On March 2, 1917, at 10 o'clock a. m., in the town hall in the township of Romulus, 
in said county, I attended pursuant to the notice to take depositions and to the sub- 
poenas i>refixed hereto. 



BEAKES VS. BACON. 65 

Appearances: Artliur Brown, attorney for contestant; Guy A. ^Miller, attorney for 
returned Member. 

Mr. Browx. It is hereby stipulated and agreed by the parties to this contest that 
proof of the official character of James R. Taylor, the notary public, before whom depo- 
sitions in this cause are about to be taken, be, and the same is, hereby waived. 

Arthur Brown, 
Attorney for Contestant. 
Gtjy a. Miller, 
Attorney for Returned Member. 

The foregoing stipulation after being reduced to wi'iting was subscribed in my 
presence. 

James R. Taylor, 
Notary Public in and for Wayne County, Mich. 

It is stipulated and agreed that the ballot box containing the ballots cast at the 
general election held in said township on November, 1916, was produced properly 
sealed by the clerk of said township and opened by the super\dsor of said township who 
had possession of the key to the box. That the ballots were taken from the box and 
coimted by the attorneys for the respective parties and foxmd that Mark R. Bacon had 
received, 226, and that Samuel W. Beakes had received 142 votes. That Edward J. 
Koch had received 1 vote, and that Frank E. Titus had received 11 votes and that 
there were 14 ballots upon which there had been no choice for the office of Represen- 
tative in Congress and that there were 394 votes cast in said township at said election, 
and that the poll list shows that 394 persons voted in said township at said election. 

Dated at Romulus, Wajme County, ]\Iich., March 2, 1917. 

Arthur Brown, 
Attorney for Contestant. 
Guy a. Mlller, 
Attorney for Returned Member. 

It is agreed between the attorneys for the respective parties to this contest that no 
additional copies of the notice of contest and the answer thereto need be filed in thia 
contest or attached to any deposition taken herein beyond the testimony heretofore 
taken on February 21, 22, and 23, 1917, in the city of Jackson, Mich. ; and that the 
attaching and return of said copies to said deposition is hereby stipulated and agreed 
between the parties hereto be sufficient for all purposes of this contest. 

Arthur Brown, 
Attorney for Contestant. 
Guy a. Miller, 
Attorney for Returned Member. 

The foregoing stipulations were made before me by the attorney for the contestant 
and the returned Member. 

I further certify that on this 2d day of March, 1917, I ascertained that Alfred L. 
Bower attended the hearing and taking of said deposition as a witness although he was 
not sworn and that he had been paid and was entitled to received as witness fee and 
mileage the sum of §1. That Lambert W. Baisley also attended said hearing and was 
entitled to receive and had been paid the same fee although not sworn as a witness. 
And I certify that the amounts so paid said witnesses were correct. 

James R. Taylor, 
Notary Public in and for Wayne County, Mich. 

I further certify that the certified copy, marked "Contestant's Exhibit 1," as pro- 
duced and offered in eAddence before me is attached hereto and transmitted herewith, 
together with the stipulations of the parties, hereto attached. 

I further certify that the notice to take depositions, with proof of service thereof and 
the subpcenas of all witnesses served are also attached and returned herewith. 

I fiu'ther certify that there are prefixed to the foregoing deposition and contained 
therein a stipulation of the parties wai\ang the statutory requirements with reference 
to the necessity of attaching to this deposition a copy of the notice of contest filed by 
contestant and the answer of the returned Member. 

96694—17 5 



66 BEAKES VS. BACO]Sr. 

I further certify that the foregoing together with the exhibits, notices, and docu- 
naents is a full and correct record and transcript of all proceedings had and taken 
before me in the said contested-election case. 

[seal.]' James R. Taylor, 

Notary Public in and for Wayne County, Mich. 

My commission expires February 20, 1918. 
My fees, $3, paid by contestant. 

James R. Taylor, Notary Public. 

Contestant's Exhibit No. 1 — J. R. Taylor, Notary Public. 

township of brownstown. 

Bacon : 

First district 161 

Second district 76 ' 

Beakes : 

First district 101 

Second district 92 

TOWNSHIP of canton. 

Bacon ■ - 39 

Beakes 108 

township of ecorse. 

Bacon: 

First district - 352 

Second district 398 

Third district 311 

Fourth district 138 

Beakes : 

First district ^ 278 

Second district 593 

Third district 209 

Fourth district 94 

township of grosse isle. 

Bacon - 101 

Beakes 68 

TOWNSHIP OF HURON. 

Bacon 192 

Beakes - 117 

TOWNSHIP OF MONGUAGON. 

Bacon 305 

Beakes 191 

TOWNSHIP OF PLYMOUTH. 

Bacon.... 399 

Beakes 263 

TOWNSHIP OF ROMULUS. 

Bacon 228 

Beakes *. 130 

TOWNSHIP OP SUMPTER. 

Bacon 72 

Beakes 127 

TOWNSHIP OF TAYLOR. 

Bacon 166 

Beakes 53 



BEAKES VS. BACON. 67 

TOWNSHIP OP VAN BUREN. 

Bacon 223 

Beakes 184 

CITY OF WYANDOTTE. 

Bacon : 

First district 309 

Second district 341 

Third district 270 

Fourth district 264 

Beakes : 

First district : 139 

Second district 250 

Third district 170 

Fourth district 125 

TOTAL FOR SECOND CONGRESSIONAL DISTRICT. 

Bacon 4, 445 

Beakes .■ 3, 292 

State of Michigan, County of Wayyie, ss: 

I, Milton Oakman, clerk of Wayne County and clerk of the circuit court for the 
county of Wayne, do hereby certify that the above Und the foregoing is a true and 
correct copy of return of votes cast in the second congressional district for Samuel W. 
Beakes and Mark R. Bacon, entered in the above entitled cause by said court, as 
appears of record in my office. That I have compared the same with the original, 
and it is a true transcript therefrom, and of the whole thereof. 

In testimony whereof I have hereunto get my hand and affixed the seal of said 
court and county, at Detroit, this 28th day of February, A. D. 1917. 

[seal.] Milton Oakman, Clei-h. 

James W. Martin, Deputy ClerTi. 

stipulation. 

In this cause it is stipulated and agreed that the votes counted and referred to in 
the deposition taken on March 2, 1917, before James R. Taylor, a notary public in and 
for Wayne County, Mich., were cast in the township of Romulus, Wayne County, 
Mich., at the general election held in said township on November 7, 1916, the name 
of the township where said votes were cast and counted by the attorneys for the 
respective parties hereto ha\'ing been inadvertently omitted from said stipulation 
when said deposition was so taken beford said James R. Taylor, notary public, and 
that this stipulation may be attached to said deposition by the Clerk of" the House of 
Representatives. 
Dated March 3, 1917. 

Arthur Brown, 
Attorney for Contestants. 
Guy a. Miller, 
Attorney for Returned Member 

deposition taken on behalf of contestant. 

Present: Frank C. Cole, notary public. 

Proceedings had before me, Frank: C. Cole, a notary public in and for Washtenaw 
County, Mich., which county is in the second congressional district of the State of 
Michigan, sitting for the i3uri:)ose of taking testimony in the above-entitled contested 
election case. 

On ]\Iarch 3, 1917, at 10 o'clock a. m. in my office in the Ann Arbor Savings Bank 
Building, in the city of Ann Arbor, in said county of Washtenaw, I attended pui'- 
suant to the notice to take depositions and to the subpaenas prefixed hereto. 

Appearances: Arthur Brown, attorney at law of Ann Ai'bor, Mich., for contestant; 
Andrew J. Sawyer, attorney at law of Ann Arbor, Mich., for the retiuned Member. 
Mr. Brown. It is hereby stipulated and agi'eed by the parties to this contest that 
proof of the official character of Frank C. Cole, the notary public, before whom depo- 
sitions in this cause are about to be taken, be, and the same is, hereby waived. 

Arthur Brown, 
Attorney for Contestant. 
A. J. Sawyer, 
Attorney for Returned Member. 



68 BEAKES VS. BACON. 

The foregoing stipulation after being reduced to writing in my presence was sub- 
scribed by said attorneys for the respective parties in my presence. 

[seal.] Frank C. Cole, Notary Public. 

My commission expires October 13, 1920. 

It is stipulated and agreed that the ballot box containing the ballots cast at the 
general election held in said township of Pittsfield, county of Washtenaw, Mich., on 
the 7th day of November, 1916, was produced, properly sealed, by the clerk of said 
township and opened in the presence of Frank C. Cole, notary public, and Arthur 
Brown, attorney for contestant, and Andrew J. Sawyer, attorney for the returned 
Member, and that the supervisor of the said township of Pittsfield had the key to said 
ballot box when so i^roduced; it is fm-ther stipulated and agi'eed that the ballots were 
taken from the box and counted by the attorneys for the respective parties and found 
to contain the following votes for the following candidates for the office of Repre- 
sentative in Congress in the second congressional district of the State of Michigan : 

Mark R. Bacon - 155 

Samuel W. Beakes 99 

Edward J. Koch 1 

Frank E. Titus 1 

Ballots indicating no choice 4 

Exhibits 2, 3, and 4 hereto attached. 

It is fm-ther stipulated and agreed that the whole number of votes cast in said 
township of Pittsfield at said election was 263. 

Aethur Brown, 
Attorney for Contestants. 
A. J. Sawyer, 
Attorney for Returned Member. 

The foregoing stipulation was reduced to writing in my presence and subscribed 
by the respective attorneys for the parties in my presence. 
[seal.] Frank C. Cole, Notary Public. 

My commission expires October 13, 1920. 

I further certify that on the said 3d day of March, 1917, I ascertained, and do hereby 
certify, that Frank H. Ticknor of the township of Pittsfield, Washtenaw County, 
Mich., was entitled to receive and had received from contestant witness fees to the 
amount of $1.50, the said witness having attended the taking of said deposition one 
day and traveled 5 miles. 

I further certify that Kennard B. Pester had also attended the taking of said depo- 
sition as a witness one day and traveled 10 miles and that he was entitled to receive 
and had received from the contestant witness fees to the amount of $1.50. 

I further certify that the certified copy of the number of votes cast in said county 
of Washtenaw at the last general election held in said county on November 6, 1916, 
hereto attached and transmitted herewith marked "Contestant's Exhibit 1" was 
introduced in evidence before me and marked as aforesaid. 

I further certify that the notice to take said depositions with proof of service thereof 
and of the subpoena and proof of service thereof, that are prefixed hereto and returned 
herewith, are the original notice, subpoena, and proof of service. 

For notice of contest by the contestant and answer of the returned member, see 
stipulation attached to deposition, taken March 2, 1917, before James R. Taylor, 
notary public, Wayne County, Mich., at Romulus, Wayne County, Mich., in con- 
nection with the counting of the votes in said township of Romulus whereby neces- 
sity for attaching notice of contest and answer of returned member, to all subsequent 
depositions is waived. 

I further certify that exhibits marked 2, 3, and 4, hereto attached, are ballots cast 
at said election in said township of Pittsfield, Washtenaw County, Mich., the effect 
of which counsel for^the respective parties could not agree, but did agree that said 
three exliibits were to be marked by me as Exhibits 2, 3, and 4, and attached to tliis 
deposition and returned therewith to the House of Representatives, and I certify 
that said exhibits are the original exhibits and ballots produced before me, and that 
they are herewith attached and returned as a part of this deposition. 

I further certify that the foregoing, together with the exhibits, notices, and docu- 
ments, is a full and correct record and transcript of all proceedings had before me this 
3d day of March, 1917, in the contested-election case above mentioned. 

[seal.] Frank C. Cole, 

Notary Public in and for Washtenaw County, Mich. 

My commission expires October 13, 1920. 



BEAKES VS. BACON. 69 

I further certify that I have received from the contestant the sum of ?5 in full for 
my fees for taking and certifying to the foregoing deposition. 
Dated March 3, 1917. 

[seal.] Frank C. Cole, Notary Public. 

My commission expires October 13, 1920. 

NOTICE OF TAKING DEPOSITION. 

.To Mark R. Bacon. 

Sir: You will please take notice that depositions will be taken on behalf of con- 
testant in this cause before Frank C. Cole, Esq., a notary public in and for the county 
of Washtenaw, State of Michigan, at his office in the Ann Arbor Savings Bank Block, 
in the city of Ann Arbor, in the county of Washtenaw, Mich., at 10 o'clock a. m. on 
Saturday the 3d day of March, 1917, upon the following witnesses: 

Frank H. Ticknor, of the township of Pittsfield, Washtenaw County, Mich., and 
Kennard B. Pester, of the township of Pittsfield, Washtenaw County, Mich. 

And you are invited to be present at the time and place above named for the taking 
of said depositions and to cross-examine said witnesses. 
Dated February 24, 1917. 
Yours, etc., 

Arthur Brown, 
Attorney and Agent for Samuel W Beakes, Contestant, 

106 N. Fourth Avenue, Ann Arbor, Mich. 
To Guy A. Miller, 

2005 Dime Bank Building, Detroit, Mich., 

Attorney and Agent for Marie R. Bacon, Returned Member. 

State of Michigan, 

County of Washtenaio, ss: 
Arthur Brown, being first duly sworn by me, deposes and says that on the 24th 
day of February, 1917, he personally served a written notice of which the within is a 
true copy, upon Guy A. Miller, attorney and agent for Mark R. Bacon, the above- 
named returned member, at Detroit, Wayne Cdunty, Mich., by then and there deliv- 
ering to him personally the said wiitten notice. 

Arthur Brown. 

Subscribed and sworn to before me this 24th day of February, A. D. 1917. 

[seal.] Frank B. DeVine, Notary Public. 

My commission expires December 29, 1919. 

subpcena. 

To Frank H. Ticknor and Kennard B. Pester: 

We command and strictly enjoin on you, and each of you, that laying aside all 
manner of business and excuses whatsoever, you and each of you be and appear before 
me, the undersigned, a notary public in and for the county of Washtenaw, Mich., in 
my office in the Ann Arbor Savings Bank Building in the City of Ann Arbor, Washte- 
naw County, Mich., at 10 o'clock a. m., on Saturday the 3d day of March, 1917, to 
testify and give eveidence in the above-entitled cause now pending, on the part of 
the above named contestant. 

And that you bring with you at said time and place the ballot boxes and keys thereto, 
containing the ballots cast in the township of Pittsfield, Washtenaw County, Mich., 
for the office of Representative in Congress at the general election held in said town- 
ship on November 7, 1916. 

And for failure so to do, you will be deemed guilty of a misdemeanor and liable to 
an indictment and punishment therefor, as provided by the laws of the United States. 

Witness my hand at the city of Ann Arbor, in the county of Washtenaw, Mich., 
this 24th day of February, 1917. 

[seal.] Frank C. Cole, Notary Public. 

State op Michigan. 

County of Washtenaiv, ss: 
I hereby certify and return that on Saturday, the 24th day of February, 1917, in the 
tQwnship of Pittsfield, in said county and State, I served the within subpoena per- 
sonally upon Frank H. Ticknor, by then and there delivering to him personally a 
true copy of the within subpoena, and paying to him 11.50, and that at said time and 
place I also served the within subpoena upon Kennard B. Pester, by leaving the same 
with Arthur Heinninger, deputy township clerk of the township of Pittsfield, who 



70 



BEAKES VS. BACO]^. 



I found to be in charge of the office of the said Kennard B. Pester, the township clerk 
of Pittsfield township, the said Kennard B. Pester having removed from said township 
of Pittsfield. That the copy of said subpoena so served upon said Arthur Heinninger 
being a true copy of the foregoing subpoena. That I also paid to said Arthur Hein- 
ninger his fees of $1.50. 

Lester Canpield, 

Deputy Sheriff. 

My fees — 11.35 for service, $1 for 1() miles travel — paid by Arthur Brown. 

Contestant's Exhibit No. 1 — Frank C. Cole, Notary Public. 

Statement of votes given in the county of Washtenaw, Mich., said county being 
included in the second congressional district of the State of Michigan, for the office 
of Representative in Congress at the general election held in said county on November 
7, 1916: 

Lyndon Township: 

Mark R . Bacon 72 

Samuel W. Beakes - 77 

Edward J. Koch 1 

Frank E. Titus 

Manchester Township: 

Mark R. Bacon 263 

Samuel W. Beakes 254 

Edward J. Koch 4 

Frank E. Titus 9 

Northfield Township: 

Mark R. Bacon 151 

Samuel W. Beakes 158 

Edward J. Koch 1 

Frank E. Titus 

Pittsfield Township: 

Mark R. Bacon 155 

Samuel W. Beakes 98 

Edward J. Koch 1 

Frank E. Titus 1 

Salem Township: 

Mark R. Bacon 157 

Samuel W. Beakes 109 

Edward J. Koch 5 

Frank E. Titus 

Saline Township: 

Mark R. Bacon 300 

Samuel W. Beakes 135 

Edward J. Koch 1 

Frank E. Titus 2 

Scio Township: 

Mark R. Bacon 212 

Samuel W. Beakes 216 

Edward J. Koch 1 

Frank E. Titus 2 

Sharon Township: 

Mark R. Bacon 120 

Samuel W. Beakes 98 

Edward J. Koch 1 

Frank E. Titus 6 

Superior Township: 

Mark R. Bacon 103 

Samuel W. Beakes 104 

Edward J. Koch 

Frank E. Titus 3 

Sylvan Township: 

MarkR. Bacon 429 

Samuel W. Beakes 296 

Edward J. Koch 9 

Frank E. Titus 2 

Webster Township: 

MarkR. Bacon 107 

Samuel W. Beaks 73 

Edward J. Koch 1 

Frank E. Titus 1 

York Township, first district: 

Mark R. Bacon 72 

Samuel W. Beakes 79 

Edward J. Koch . . ; 1 

Frank E. Titus 1 

York Township, second district: 

Mark R. Bacon 229 

Samuel W. Beakes 155 

Edward J. Koch 3 

Frank E. Titus 2 

Ypsilanti Township: 

Mark R. Bacon 139 

Samuel W. Beakes 106 

Edward J. Koch 2 

Frank E. Titus 4 



Ann Arbor city, first ward: 

MarkR. Bacon 223 

Samuel W. Beakes 252 

Edward J. Koch 10 

Frank E. Titus 4 

Ann Arbor city, second ward: 

Mark R . B'acon 259 

Samuel W. Beakes 498 

Edward J. Koch 20 

Frank E. Titus 1 

Ann Arbor city, third ward: 

Mark R . 'Bacon 292 

Samuel W. Beakes 339 

Edward J. Koch 12 

Frank E. Titus 4 

Ann Arbor city, fourth ward: 

MarkR. Bacon 218 

Samuel W. Beakes 329 

Edward J. Koch 12 

Frank E. Titus 3 

Ann Arbor city, fifth ward: 

MarkR. Bacon 99 

Samuel W. Beakes ; 91 

Edward J. Koch 5 

Frank E. Titus 1 

Ann Arbor city, sixth ward: 

MarkR. Bacon 242 

Samuel W. Beakes 293 

Edward J. Koch 15 

Frank E. Titus 5 

Ann Arbor city, seventh ward: 

Mark R. Bacon 420 

Samuel W. Beakes 485 

Edward J. Koch 23 

Frank E. Titus 2 

Ann Arbor Township: 

MarkR. Bacon 112 

Samuel W. Beakes 139 

Edward,!. Koch 2 

Frank E. Titus 2 

Augusta Township: 

MarkR. Bacon 195 

Samuel W. Beakes 140 

Edward J. Koch 

Frank E. Titus 6 

Bridge water Township: 

Mark R.' Bacon 100 

Samuel W. Beakes 140 

Edward J. Koch 

Frank E. Titus 

Dexter Township: 

Mark R . Bacon 61 

Samuel W. Beakes 81 

Edward J. Koch 1 

Frank E. Titus 2 

Freedom Township: 

Mark R. Bacon 110 

Samuel W. Beakes 113 

Edward J. Koch 

Frank E. Titus 

Lima Township: 

Mark R. Bacon 148 

Samuel W. Beakes 106 

Edward J. Koch 

Frank E. Titus 1 

Lodi Township: 

Mark R. Bacon 136 

Samuel W. Beakes 151 

Edward J. Koch 

Frank E. Titus. 



BEAKES VS. BACOlSr. 



71 



Ypsilanti city, first ward: 

MarkR. Bacon 272 

Samuel AV. Beakes 135 

Edward J. Koch 

Frank K. Titus 

Ypsilanti citv, second ward: 

Mark R. 'Bacon 185 

Samuel W. Beakes 135 

Edward J. Koch 2 

Frank E. Titus 8 

Ypsilanti city, third ward: 

MarkR. Bacon 198 

Samuel AV. Beakes 181 



Ypsilanti city, third ward — Continued. 

Edward J. Koch 5 

Frank E. Titus 2 

Ypsilanti city, fourth ward: 

MarkR. Bacon 81 

Samuel AV. Beakes 100 

Edward J. Koch 2 

Frank E. Titus 4 

Ypsilanti city, fifth ward: 

Mark R. Bacon 114 

Samuel AV. Beakes 192 

Edward J. Koch 

Frank E. Titus 6 



The total vote received by Mark R. Bacon was 5, 974 

The total vote received by Samuel AV. Beakes was 5,858 

The total vote received by Edward -J. Koch was 140 

The total vote received by Frank E. Titus was 84 

State op Michigan, 

County of Washtenaw, ss: 

I, Edwin H. Smith, clerk of the county of Washtenaw and clerk of the circuit court 
of said county, the same being a court of record having a seal, do hereby certify that as 
such clerk I have the custody and control of the election records of said county of 
Washtenaw , Mich . , and that the foregoing and attached statement is a true and compared 
statement of the votes cast in said county of Washtenaw, which county is a part of the 
second congressional district of the State of Michigan, at the last general election held 
in said county on November 7, 1916, and that said statement shows the number of 
votes cast for each of the several candidates in each of the several voting precincts of 
said county of Washtenaw; that I have compared said statement with the original 
election record in my office, and the same is a true and correct statement therefrom 
and of the whole thereof so far as relates to the votes cast for the office of Representative 
in Congress for said county of Washtenaw, Mich. , at said general election so held in said 
county on the 7th day of November, 1916. 

In witness whereof I have hereunto set my hand and affixed my official seal this 3d 
day of March, 1917. 

[seal.] Edwin H. Smith, 

County Clerk and Clerk of the Circuit Court 

for the County of Washtenaw, Mich. 

Exhibits Nos. 2, 3, and 4, Official Ballots — Frank C. Cole, Notary Public. 

[Omitted in printing.] 

notice of taking depositions. 
To Mark R. Bacon. 

Sir: You will please take notice that depositions will be taken on behalf of con- 
testant in this cause before James S. Allen, Esq., a notary public in and for the county 
of Jackson, State of Michigan, in the supervisor's room in the courthouse, in the city 
of Jackson, county of Jackson, Mich., at 9 o'clock a. m., on Monday, the 30th day of 
April, 1917, from the following witnesses: Fi-ank B. Russell, Clarence M. Braun, 
Albert L. Dailey, Robert Simpson, Edwin Jacka, Joseph Klotz, Edward J. Melville, 
Edward A. McVay, Abel B. Rooney, William M. Seid, C. A. BarnciS, and R. S. Birm- 
ley, Clifton H. Vedder, and Thomas H. Kight, all residents of the city of Jackson, 
county of Jackson, Mich. 

And that you are invited to be present at the time and place above named for the 
taking of said depositions and to cross-examine the said witnesses. 
Dated April 24, 1917. 
Yours, etc., 

Arthur Brown, 
Attorney and Agent for the said Samuel W. Beakes, Contestant, 

106 North Fourth Avenue, Ann Arbor, Mich. 

State of Michigan, 

County of Washtenaw, ss: 
Arthur Brown, being first duly sworn by me, deposes and says that on the 24th of 
April, 1917, he personally served a written notice, of which the within is a true copy, 
upon Guy A. Miller, attorney and agent for Mark R. Bacon, the above-named returned 
Member, at Detroit; Wayne County, Mich., by then and there delivering to him 
personally the said written notice. 

Arthur Brown. 



72 BEAKES VS. BACON. 

Subscribed and sworn to before me this 30th day of April, 1917. 

James S. Allen, 
Notary Public, Jackson County, Mich. 

My commission expires November 28, 1920. 

ORIGINAL SUBPCENA. 

To Frank B. Kussell, Clarence M. Braun, Albert L. Dailey, Robert Simpson, Edwin 
Jacka, Joseph Klotz, Edward J. Melville, Edward A. McVay, Abel B. Rooney, 
William M. Seid, C. A. Barnes, E,. S. Birmley, Clifton H. Vedder, and Thomas H. 
Kight. 

We command and strictly enjoin upon you, and each of you, that laying aside all 
manner of business and excuses whatsoever, you, and each of you, be and appear 
before me, the undersigned, a notary public in and for the county of Jackson, Mich., 
in the supervisor's room in the courthouse, in the city of Jackson, county of Jackson, 
Mich., at 9 o'clock a. m., on Monday, the 30th day of April, 1917, to testify and give 
evidence in the above-entitld(i cause now pending on the part of the above-named 
contestant. And for failure so to do you will be deemed guilty of a misdemeanor 
and liable to an indictment and punishment therefor, as provided by the laws of the 
United States. 

Witness my hand at the city of Jackson, in the county of Jackson, Mich., this 25th 
day of April, 1917. 

[seal.] James S. Allen, Notary Public. 

State of Michigan, 

County of Jackson, ss: 

I do hereby return that on the 25th day of April, A. D. 1917, I served the within 
subpoena on the within-named Frank Russell, Clarence M. Braun, Albert L. Dailey, 
Robert Simpson, Edwin Jacka, Joseph Klotz, Edward J. Melville, Edward A. McVay, 
Abel B. Rooney, William M. Seid, C. A. Barnes, R. S. Birmley, Clifton H. Vedder 
and Thomas H. Kight, personally, by showing it to them, and at the same time deliv- 
ering to them a copy thereof, and at the same time paying to each of them the sum 
of $1.10. 

Verl W. Kutt, 

My fees, $5.65. Deputy Sheriff of Jackson County. 

depositions on behalf of contestant. 

Present: James S. Allen, notary public. 

Proceedings had before me, James S. Allen, a notary public in and foir Jackson 
County, Mich., which county is in the second congressional district of the State of 
Michigan, sitting for the purpose of taking testimony in the above-entitled contested 
election case. 

On the 30th day of April, 1917, at 9 o'clock a. m. in the supervisor's room in the 
courthouse, in the city of Jackson, in said county, I attended pursuant to the notice 
to take depositions and to the subpoenas prefixed hereto. 

Appearances: Arthur Brown, attorney for contestant; Guy Miller, attorney for 
returned member. 

It was stipulated and agreed by and between the attorneys for the respective parties 
to this contest that proof of the official character of James S. Allen, the notary public 
before whom depositions in this cause are about to be taken, be, and the same is 
hereby, waived. 

It was also stipulated and agreed by and between the attorneys for the respective 
parties that the requiremnt that a copy of the original notice of contest filed by the 
contestant and the answer of the returned Member thereto be attached to the deposi- 
tion when returned by the notary public to the Clerk of the House of Representatives 
be, and the same is, waived. 

It was also stipulated and agreed by the attorneys for the respective parties that 
the testimony of the witnesses be taken in shorthand, and when transcribed by the 
notary public and certified to by him as correct, be forwarded to the Clerk of the 
House of Representatives without being signed by the respective witnesses. 

By request of the attorney for the returned Member all witnesses except the one 
testifying were excluded from the room until after he had given his testimony. 



BEAKES VS. BACON. 73 

CLIFTON H. VEDDER was called as a witness on behalf of the contestant and, 
being first duly sworn, was examined and testified as follows: 

Examination by Mr. Brown: 

Q. Mr. Vedder, you are the city clerk? — A. Yes, sir. 

Q. And upon the recount of the ballots of the city of Jackson by the returned Mem- 
ber were certain ballots placed in the ballot boxes and delivered into your care during 
that recount? A. Yes, sir. 

Q. Have you here the ballots that were furnished the representatives of the respec- 
tive parties to recount in the second and third precinct of the sixth ward? — A. Yes, 
sir. 

Q. And have you here the ballots that were furnished the representatives of the 
parties to recount in the first and second precinct of the eighth ward? — A. Yes, sir. 

Q. And are those ballots now in the boxes just as they were placed by the repre- 
sentatives of the parties on that recount? — A. I think so; yes, sir. They were brought 
right down to our office and sealed personally. Mr. Kight and I both personally sealed 
those boxes. 

Q. And are they marked on the outside just what they are? — A. Well, not possibly 
just what they are, but when we sealed them, or after we did seal them personally, 
you will see the date; you will find a slip of paper 

Q. (Interrupting.) Well, now, will you go and point out and place first in this 
row the second and first precinct of the sixth ward?^ — A. This is the second precinct 
of the sixth ward. 

Q. And the box labeled the third precinct of the sixth ward? — A. Yes, sir. 

Q. And then the first and second precincts of the eighth ward. — A. I think they 
are in order here, Mr. Brown. 

Q. Those boxes were sealed by you in the condition that they are now? — A. Mr. 
Kight and I both sealed them. 

Q. And have those ballots been tampered with in any way since that, time? — A. 
No, sir. 

Q. Been in your possession all the time? — A. They have been in the storeroom 
under double lock and key the same as they were before. 

Q. Mr. Vedder, in recounting the ballots coming to us to recount in the second 
precinct of the sixth ward, we found that there was 42 ballots less in the boxes that 
were labeled second precinct of the sixth ward and given to us to recount for that pre- 
cinct than were voters on the poll Hst, and in recounting the ballots that were pointed 
out to us as the third precinct of the sixth ward of the city of Jackson we found that 
the box overrun 42 ballots above the poll list of that third precinct of the sixth ward. 
Can you account for that in any way? — A. Why not in any way except possibly 
the boxes might have been changed before delivering; before the election at all they 
might have been. Now, I don't deUver those boxes myself. Sometimes Mr. Kight 
goes out and sometimes have to send a man to deliver the boxes before the election, 
and it is possible that a mistake may have occurred. They might have taken off 
the wrong cans for that precinct. Not all of those who work for us are as sure as to 
which precincts are which. I don't know as it is necessary to say that.. 

Q. I want you to give any explanation you may have as to how it occurred? — A. 
That is the only explanation I can make. 

Mr. Miller. I don't care how it might have occurred. I want to know if this 
witness knows how it did occur or whether it did actually occur. 

Q. Is there any way, now, Mr. Vedder, to find out and decide as to where those 
boxes belong? The ballots that we recounted as the second precinct of the sixth 
ward are 42 short of the requisite number and the ballots that we recounted as the 
third precinct ballots of the sixth ward are over 42 ballots. Is there any way to 
determine the fact now, and if so how? — A. Well, if they were put in — after you 
took the ballots out here — ^if you put them in the same can you took them fro m 
you should be able to tell by the initial of the inspector. 

Q. If the ballots were kept separate? — A. That is, say you put the ballots back 
in the same box you took them out of. 

Q. The ballots will show by the initials on the ballots, will they not? — A. Yes. 

Q. If we recounted the ballots found in the third precinct of the sixth ward that 
really belonged in the second precinct of the sixth ward, that fact can be determined 
by the initials of the inspector on the ballots at the present time? — A. I should think 
so. 

Q. If we kept the ballots intact? — A. Yes, sir. 

Q. On March 7 of this year, you had a primary election — or March 6 — or 7? — A. 
March 7. 



74 BEAKES VS. BACON". 

Q. March 7, this year. Were any of these ballot boxes containing the ballots used 
in the November election last year used at that primary election except the first 
precinct of the second ward that we recounted before the election? — A. No. 

Q. Were these ballots in any way disturbed from the November election up to 
the time that they were furnished to us to recount? — A. No, sir; the only cans that 
we used at the primary this spring were the two cans on which you completed a recount 
in February, and you and Mr. Sawyer, I believe, both consented to my taking those 
cans and using them, because I explained to you I was two cans short, and you said 
no harm in taking those. You both consented to it. I think that is a matter of 
record. 

Q. But none of these other cans were used? — A. No, sir. 

Q. Were any of these boxes ever opened or disturbed in any way from the election 
up to the time they were given to us to recount? — A. No, sir. 

Mr. Brown. That is all. 

Cross-examination by Mr. Miller: 

Q. The box in the second precinct of the sixth ward never came into your pos- 
session until the day before the primary, did it? — A. Well, there was one box, Mr. 
Miller, that didn't. 

Q. That was the box A. (Interrupting.) One box 

Q. In the second of the sixth? — A. That came unsealed. 

Q. You never got that until March 6? — A. That was brought in by Mr. Kight, I 
think, on March 6. 

Q. It was discovered in the election booth on the 6th day of March when you went 
to open it up before the 7th day of March? — A. Yes, sir. 

Q. That box was not locked at all? — A. No; the cover wasn't even on. 

Q. The cover was not on. I wish you would come over here and look at these boxes. 
Every one of these boxes is' a ballot box that has been in use in the city of Jackson 
for years?— A. Oh, yes. 

Q. And each one of them has written on it in large, plain type the name of the 
ward and number of the precinct? — A. Yes. 

_ Q. I wish you would measure, if yoii can, and give us an approximate idea of the 
aize of the label on those boxes showing the ward and precinct. — A. Well, those 
letters are 5^ inches high. The ward, or the number of the — the number of the ward 
and the word "ward" are probably 5^ inches high. 

Q. "Second precinct," that is 3 inches high or 3 or 4? — A. Three, I think, or 4. 

Q. These ballot boxes have been in use for years in the city of Jackson, haven't 
they? — A. Yes, they have been in use some time before I came there. There were 
lots of them relabeled since I came there. 

Q. Now, that is plain. Any one that can read can't fail to read those labels? — A. 
No, sir; not if they are careful. 

Q. Nothing illegible about them. On all four of those boxes the labels are per- 
fectly clear? — A. I think so; had them all relabeled two years, I tihnk, ago. 

Q. There is nothing at all that is illegible or indistinct about any of the labels on 
any of the boxes, is there? — A. No; I don't think so. 

Q. Those boxes were in the same condition when delivered to the precincts for the 
election on November 7 as far as those lables were concerned as they are in now? — A. 
Yes. 

Q. They were delivered to the different precincts by the police officer? — A. No; 
not by the police — before election? 

Q. Yes; before election, who delivered them? — A. We delivered them from our 
office. 

Q. Who personally delivered them? — A. I tliink, Mr. Kight, the deputy, and the 
sealer of weights and measures. 

Q. Mr. Kight, the chief deputy? Your chief deputy? — A. The only deputy I 
have. 

Q, How long has he held that ofiice? — A. Ever since I have; three years this May. 

Q. He can read? — A. Yes, sir. 

Q. He has delivered boxes to those election precincts before? — A. Oh, yes. 

Q. Part of his duty? — A. Yes; when he is asked to. 

Q. To your knowledge, were any of these boxes, with the exception of the one in 
the second precinct of the sixth ward, ever opened or interfered with in any way, 
shape, manner, or form between November 7 and the time they were opened here for 
a recount some weeks ago? — A. Not to my knowledge. I feel perfectly safe to say 
they were not. 

Q. You say they were not? — A. Yes, sir. 

Q. When produced in this room they were in the same condition, as far as you 
know, as when you received them after November 7? — A. Yes, sir. 



BEAKES VS. BAC0I7. 75 

Q. Are you willing to swear they were in the same condition as when you received 
them November 7? — A. Yes; I would say that. Of course, as I explained at the 
former recount, ^Mr. Kight and I, one or the other of us, had to go with some one into 
this storeroom to get anything that they might have occasion to get in there. 

Q. As I understand, Mr. Vedder, so far as the boxes themselves are concerned, do 
you swear absolutely that the boxes in the tliird precinct of the sixth ward and the 
two boxes from the eighth ward that are now in tliis room are in the same condition 
as when vou received them November 7? — A. Yes, sir. 

Q. Absolutely?— A. Oh, yes. 

Q. No doubt about that in your mind? — A. No, sir. 

Q. They are in the same condition as when received? — A. Yes. 

Q. Except that — I will change that — when they were produced here for the purpose 
of the recount they were in the same condition as when you received them? — A. Yes. 

Q. As to the present condition, they are differently sealed and the ballots have 
been taken out and recounted? — A. Those four, by special request, were particularly 
sealed . 

Q. From the time when those boxes came into your possession were the ballots at 
any time removed from those boxes by you or by any one under your authority? — 
A. You mean^when they came into my possession when, Mr. Miller? 

Q. After November 7. — A. No, sir; they weren't taken out of the boxes, never 
changed . 

Q. Never out? — A. No, sir. 

Q. Those are the three boxes that came into your possession? — A. What three boxes? 

Q. The box in the third of the sixth and two from the eighth. — A. Why, there are 
more than that. 

Q. What? 

Mr. Brown. Two or three in each precinct. We put the ballots back into one box. 
Probably a dozen boxes from wliich we got these four boxes out of. 

A. I don't remember just how many boxes were delivered from each precinct of the 
sixth; I could not say. 

Q. But with the exception of the ballot box from the second of the sixth, from the 
time when they were delivered to you after November 7 down until the time the 
recount was had, you swear positively that those boxes were never opened and the 
ballots removed by you or any one under your authority? — A. Up to the time of the 
recount. 

Q. Up to the time of the recount? — A. Yes, sir. 

Q. No doubt about that in your mind at all, is there? — A. No, sir. 

Q. Now, you personally do not have any explanation, based upon your own knowl- 
edge, to make as to the reason why Beakes made a net gain of 107 votes on the recount 
in the second precinct of the sixth ward ? 

Mr. Brown. How many? 

Mr. Miller. One hunched and seven. 

A. Not to my personal knowledge; no. 

Q. You have no explanation of the fact that Mr. Bacon lost 80 votes and Mr. Beakes 
gained 27 votes on the recount in that precinct? — 'A. No; just presumption is all. 

Q. Just presumption. You have no personal knowledge as to the reason why on 
the recount in the third precinct of the sixth ward Mr. Bacon gained 79 votes and Mr. 
Beakes lost 27 votes, do you, based upon your knowledge? — A. No. 

Q. You have no explanation to offer, based upon your knowledge, as to why there 
were 42 votes less in the second of the sixth than there ought to be by comparison 
with the poll book? — A. No; except as I stated when I first 

Q. (Interrupting.) The same is true — that is, you have no knowledge from which 
you can account for the fact that there were 42 ballots more in the third of the sixth. 
than there ought to have been? — A. No. 

Q. Now, in the first of the eighth, do you know why 91 more ballots were found 
than ought to have been, based upon a comparison of the poll book? — A. No; except 
as I said, it might have been the boxes might have been changed. 

Q. That is might have been. I want to know what was. — A. I said might have 
been. 

Q. Do you know what was the reason? — A. No. 

Q. Do you know the reason why in the second of the eighth apparently there was 
a shortage of 92 votes? — A. Not to my knowledge. 

Q. But you do testify that never at any time from the 7th day of November until 
the time these boxes were produced in this room for a recount were the ballots removed 
from the boxes in those two wards. — A. Not until the recount. 

Q. Not until the recount. That is, from the time you got them? — A. No, sir. 

Q. Prior to the time you got them, you don't know anything about them? — A. I 
would not say. 



76 BEAKES VS. BACOlSr. 

Q. What might have happened or did happen to them? — A. I would not say. 

Q. Have you got any explanation why in the third precinct of the fourth there 
were 25 ballots less in the boxes than there ought to have been? A. Not at all. 

Mr. Miller. That is all. 

Mr. Brown. That is all. Mr. Miller, when we recounted the second precinct of 
the sixth ward, Mr. Sawyer and Mr. Zeigin and I put the ballots in that box over there 
that were found there, and we recounted the third of the sixth; we put the ballots 
that were found in the several boxes in the second box there, and when we recounted 
the first precinct of the eighth, we put the ballots into this box that is here pro- 
duced and labeled, and we also placed the ballots that were given us as the second 
precinct of the eighth ballots into this fourth box. Will you agree that statement is 
correct or will I have to prove that? I thought Mr. Sawyer would be here. Of 
course he knew about it. You have only my word for it. 

Mr. Miller. I will take your word for it. 

Mr. Brown. All right, then. 

CAREY A. BARNES was called as a witness for the contestant, and being first 
duly sworn, was examined and testified as follows: 

Direct examination by Mr. Brown: 

Q. Mr. Barnes, your full name, please. — A. Carey A, Barnes — Carey Almanzo 
Barnes. 

Q. Where do you live? — A. I live in Jackson. 

Q. How long have you lived here? — ^A. Twenty-two years next fall. 

Q. Did you occupy some position on the selection board in the second precinct 
of the eighth ward at the November, 1916, election? — A. Yes, sir. 

Q. What position? — ^A. I was one of the inspectors. 

Q. One of the inspectors of the election? — A. Yes, sir. 

Q. Did you have anything to do with the initialing of the ballots in that precinct? — 
A. I initialed every ballot except, I guess, in the beginning the boys helped, out, 
but it was all my initials they put on. 

Q. Your initials were used? — A. Yes, sir. 

Q. What are your initials? — A. C. A. B. 

Q. And do you remember how many votes were polled in the second precinct of 
the eighth? — A. It was better than 600. I don't just remember definitely the num- 
bers; better than 600 of them. Of course, I didn't make 

Mr. Miller. I object to the taking of any testimony as to the number of ballots 
that were cast in that ward. The official returns are the best evidence and the only 
evidence. 

Q. Can you identify the ballot box — how many ballot boxes were used there? — ^A. 
Three. 

Q. You can identify the initials on the ballots? — A. Yes, sir. 

Q. Do you remember whether or not the second precinct of the eighth ward used 
ballot boxes similar to the four ballot boxes here shown you? — A. Yes, sir. 

Q. Doyou remember how those^ballots were labeled? — A. I remember that there 
was a strip of paper pasted on our ballot box, showing the number of the precinct. 

Q. And do you know what became of the strip of paper? — A. I could not tell you 
that; no, sir. 

Q. Do you remember whether or not your precinct had a box or a number of boxes 
that belonged to another precinct? — A. Well, in my first statement I said that there 
was a strip of paper. It was not pasted over the ward, original number on the can, 
as I remember it. 

Q. Yes. — A. And that might have of course got torn off. 

Q. Do you remember whether it did or not? — A. I could not say as to that; no, sir. 

Q. Do you remember anything about whether you had another box or boxes for 
any other precinct? — A. No, sir. We discovered when going to put the ballots in the 
boxes were twisted. 

Q. What do you mean by that?— A. We had the first precinct of the eighth and they 
had our ballot box. 

Q. That is what I am getting at. — A. But as I said, they had a piece of paper pasted 
on it with the number of the precinct; but in the voting, it was somehow — I don't 
know whether stuck on very tight — subsequently got knocked off. 

Q. But you do remember you had their box and they had your box? — A. Yes, sir. 

Q. Now in the first precinct of the eighth ward, as I recall, when we came to count 
the ballots in the first precinct, that was given to us as the first precinct of the eighth 
ward, the ballots were some 90 short, and when we came to count the ballots in the 
second of the eighth we were over about the same number. Would there be any way 



BEAKES VS. BACOl;^. . 77 

now to separate those ballots if I had here the ballots that were given us as the first 
precinct of the eighth ward, be any way to tell whether they were ballots that were 
really polled in the first precinct? — A. By the initial on the ballot you can tell. 

Q. By the initial on the ballot you can tell. Can you identify the ballots in the 
second precinct of the eighth ward in the same way? — A. Every one of them. 

Q. Your precinct was the second of the eighth? — A. Yes, sir. 

Q. You remember you had something over 600 votes there? — A. Yes, sir. 

Q. Who were the other inspectors in your ward? — A. Mr. Birmley, Mr. Seid, and 
Mr. Taylor and Mr. Grossman. 

Q. Do you know who the inspectors were in the first of the eighth? — A. No. sir. 

Q. You don't know them. There are a couple more witnesses in the other room 
from your precinct? Who are they? — A. Mr. Grossman, Mr. Seid, Mr. Birmley. 

Mr. Brown. Now, Mr. Miller, after I swear those other two witnesses, I am going 
to ask these witnesses to open these boxes. 

Mr. Miller. I am going to object to it. It will not be done with my consent. 

Mr. Brown. Do you want him to go out while 

Mr. Miller. Yes; but I want to get his testimony. 

Cross-examination by Mr. Miller: 

Q. Will you go and look at the labels on the boxes? — A. Will I now? 

Q. Yes. — A. Yes, sir. There is the first precinct label there as was labeled, and 
there is one that is wiitten on, here, printed on; here is our box here, that one there. 

Q. What do you mean printed on? You mean the label, the big printed sign, 
"Eighth ward, second prescinct"? — A. Yes, sir; that is our ballot box, but they had 
a piece of paper pasted on here, written from the first of the eighth to the second of 
the eighth. 

Q. Will you tell us, give me some reasonable explanation, why anybody should put 
a piece of paper, paste a piece of paper, on there as a label of the precinct that it is going 
to? — A. I don't know as I can give an explanation of it, unless short of cans; that is all. 

Q. All right. You say the first of the eighth got your can and you got the first of 
the eighth andthat your can in the second of the eighth had a slip of paper pasted over 
it. Why was it, if there was a shortage of cans — how does that explanation come in, 
if short of cans? — A. I don't know; I would not try to explan that at all. I am just 
telling yooi what I recall, is all. 

Q. Mr. Vedder just swore these labels on the cans were in identically the same con- 
dition as they were when delivered to the booth before the November election. — A. I 
understand; yes. 

Q. How do you reconcile his testimony with yours that there was a slip of paper 
pasted over those labels? — A. Just as I said, that was as I recollect. 

Q. That might be so and it might not? — A. I am not absolutely certain; I would 
not take my oath that I was exactly certain; but it strikes me there was a piece of 
paper on that can. 

Q. How many ballot boxes did you have in that second precinct of the eighth? — • 
A. We had a big can, which is always there, and the smaller cans. 

Q. Now, is there anything on that can label of the second precinct of the eighth 
ward that indicates that there has been any paper pasted over that at all? — A. Not as I 
see it now. 

Q. Nothing appears on there now? — A. No, sir. 

Q. If there was a piece of paper pasted over any can, it might have been a can in 
which the city ballots and not the State and county ballots were placed? — A. Possibly. 

Q. Now you might be mistaken in your assumption regarding that? — A. Sure. 

Q. Regarding the cans in which these city ballots were in? — A. Yes, in regard to 
that; but 

Q. So, as I get it, you are not positive? — A. I am not positive, but it strikes me a 
piece of paper pasted on there. 

Q. There is no indication on that can there has ever been a piece of paper over that 
label? — A. Not at present, as I told you; no. 

Q. If those cans were switched and you got the second — and you got the first pre- 
cinct of the eighth and they got the second precinct can, why do you think they 
switched them because of shortage of cans? — A. Well, that is a question. 

Q. Wasn't any shortage of cans, was there? A can for each precinct, wasn't there? — 
A. Yes. 

Q. Wasn't any shortage there? — A. No. 

_ Q. There is nothing to indicate ever been anything pasted over that second pre- 
cinct mark along there, is there? — A. Not at the present time, as I see it. 

Q. No reason why there should have been a piece of paper pasted over the eighth 
ward label, is there? — A. No; but I still maintain, as I recollect, there was a piece of 
paper pasted on there. 



78 BEAKES VS. BACON. 

Q. You don't know whether the piece of paper was on the can in which the city 
ballots or State and county ballots were placed? — A. The State and county ballota 
went into the big can. 

Q. That was this can? — A. No, a great big can we had; as big as all those. 

Mr. Brown. A can 5 feet high? 

A. Five feet high and 3 or 4 feet across. When counted, the ballots were put in 
the smaller cans. 

Q. Now, was this can here, which is in front of you here, labeled the eighth ward, 
second precinct, ever in that booth at all at the election? — A. Well, I could not 
identify the can; I could not identify these cans absolutely, only I know the cans 
were switched. 

Q. How do you know the cans were switched? — A. Because I noticed that we had 
the first precinct can when we came to put our ballots in there. 

Q. What can are you talking about? — A. The first precinct can. We had one of 
those cans. 

Q. Which ballots went into that can? — A. Ballots of the second precinct. 

Q. Which ballots? — A. The State and county ballots, of course. 

Q. How many cans did you have? — A. We had two cans besides the big can. 

Q. Had two other cans? — A. Yes, sir. 

Q. You said the county ballot went into the big can?^A. As voted. 

Q. Where is the big can? — A. Down in the booth now. 

Q. Down in the voting booth now? — -A. Stands about that high [indicating]. 

Q. What did you do with the ballots after you got them out of that can? — A. 
Counted them and did them all up and put them in the smaller cans and brought 
them down. 

Q. So that you put them ii:ito the small cans? — A. Yes, sir. 

Q. And the big can was never taken out of the voting booth? — A. No, sir. 

Q. Never brought down town? — ^A. That big can in there at the present time. I 
brought the cans down myself, the two cans in the police patrol. The only time I 
ever rode in the patrol in my life. 

Q. What boxes did you put the ballots in? — A. The two cans. 

Q. Just like this marked "Eighth ward, second precinct." — A. Yes, sir. 

Q. "Eighth ward, first precinct." Just like this can produced here now; just like 
that? — A. Only, as I said, we got one wrong can in the wrong place. 

Q. One wrong can in the wrong place? — A. Yes, sir. 

Q. One wrong can and one right can? — A. Yes, sir. 

Q. Into one can you put the city ballots and the other State and county ballots? — 
A. Yes, sir. 

Q. Do you know which can is which? — A. No, sir; I don't or anybody else. 

Mr. Miller. That is all. 

Redirect examination by Mr. Brown: 

Q. You do remember, do you not, Mr. Barnes, that you had a first precinct ballot 
box into which you placed some ballots? — A. Yes, sir. 

Q. And that the first precinct had the second precinct — — ? — A. I don't know what 
they had. I don't know anything about what they had; I know what we had. 

Mr. Miller. You had one can right and one wrong? — A. Yes, sir; as I recall it. 

Q. You do know you can identify the ballots that were voted in your ward that day 
by the initials? — A. Yes, sir. 

Recross-examination by Mr. Miller: 

Q. What else did you put into the can when you brought the can down in the police 
patrol? A. Didn't put anything else. 

Q. Didn't put anything else? — A. Oh yes, put the poll books and all that into the 
can. 

Q. Put the poll books? — ^A. Yes, sir; sure. 

Q. So that the ballots and poll books were together? — -A. Yes, sir. 

Q. Your tally sheet and I suppose your unused ballots went into the can? — A. All 
went into the can. 

Q. All went into the can with your return?— A. Yes, sir. 

Q. And then sealed up the can and sent it down?^A. Sent it down town. 

Q. Gave it to the police officer, and he brought it down? — A. No, sir, I got into the 
police patrol myself and came down, and my little girl was scared about it because she 
was afraid I had got into trouble. 

Q. The ballots and return came back together?^A. The ballots and return came 
back together, yes, sir, just a matter of wrong cans being delivered to us. 



BEAKES VS. BACON". 79 

Q. You don't know whether the can — whether you put the State ballots into the 
can, the right can or Arrong can? — A. I know we had the first precinct can at our little 
tin house. 

Q. Whether you put the city ballots or State ballot into that can? — A. As far as that 
is concerned, I could not swear which particular can; the two of them went into them; 
I know I delivered two cans down there, one right can. 

Q. You examined the box labeled '"Fii-st precinct, eighth ward " over here, haven't 
you? — ^Just now, yes. 

Q. You looked at the label? — A. Yes. sir. 

Q. Nothing on there to indicate that anything was ever pasted over that? — A. Xot 
as I can see. 

Mr. Miller. I guess that is all. Just one question. Who have you talked to in 
regard to this matter of these ballots in these precincts? — A. ^Tiy, I guess — I don't 
think I have talked to anybody, ilr. Bii-mley and I have talked about the mistake 
in the cans. We all knew a -mistake . 

Q. (Interrupting.) You have talked about the mistake in the cans. Have you 
talked with Mr. Brown? — A. About the same in the morning. This morning we had a 
little conversation about the mistake in the cans; that was all. 

Q. You were talking of the — six or eight gentlemen lined up talking with ^h. Brown 
when I came in? — A. Yes, sir. 

Q. The thing that they were talking over at that time was the mistake in the cans. 
That was suggested to you by Mr. Brown? — A. No,' sir-; we was talking among our- 
selves, although Mr. Brown may have asked the question. 

Q. Had you ever spoken to Mr. Brown before this morning? — A. No, sii', never saw 
^Ir. Brown before. 

Q. Ever talk with Mr. Zeigin? — A. Dan Zeigin, known him for years; talked with 
him hundreds of times. 

Q. You know Mr. Zeigin has been assisting Mr. Brown in this Bacon-Beakes con- 
gest in Jackson? — A. Through the newapapers is all. 

Q. In Lenawee, Monroe, Washtenaw and Wayne County? — A. Through the new- 
papers is all. I have been acquained with Dan a long time. As far as conversation 
between him and I in regard to the vote or the cans, I never mentioned it to my knowl- 
edge, not to amount to anything, about our voting. 

Mr. Miller. I guess that is all. 

Q. You have talked with the other members of the board about this? — A. Oh, yes. 

Q. A number of times? When was that matter first brought to your attention? — A. 
Oh, when first commenced to talk about a recount, this second ward that was had in 
February you know, we talked it over together; nothing pertaining to the counting of 
the ballots or anything of the kind. 
• Q. Who do you mean by we? — A. The board. 

Q. The members of the board. So that from time to time ever since the time of this 
first meeting of the board of canvassers in regard to the first precinctof the second ward 
you have talked over the Bacon-Beakes election with the members of the board? — A. 
Why, to say we have, that is — now Mr. Birmley and I was down at the primary this 
spring, was on duty at the spring election, on the board, and we just talked the matter 
over as anj'body naturally — two men would, in regard to the matter. We are both 
interested, that is in the counting of the ballots; that is all there was of it; we had no- 
favored no one in the matter; cared nothing which one was elected; tried to do our 
duty the best we knew how wthout taking sides or favoring anybody. 

Q. However, you talked the matter over, the switching of the ballot boxes had been 
talked over among the members of the board? — A. Yes, that has been talked over. 

Q. I suppose if any of you met any members of the board of the first precinct you 
probably mentioned it to them? — A. No, I never mentioned it to them because I 
din't know who the board was. 

Q. You were not in that booth at the first of the eighth at all on the day of the elec- 
tion, were you? — A. Oh, no. Oh, laud, no. I had all I could do to sign my name to 
7,000 ballots, initials. Kept me busy at that. I had an indelible pencil, and I 
signed them. 

Q. You signed them all with the exception of some? — A. Yes, sir, two or three I 
think the boys signed tlae first start out because such a line of voters waiting: 15 or 20 
men waiting as soon as the 7 o'clock whistle blew. You will find some of the ballots 
with the initials lighter and some, a very few of them, they put on my initials; all 
them C. A. B. on the corner of the ballot. 

Q. Just as a hypothetical question if the ballots that are found in the first of the 
eighth bear your initials that might happen if the boxes had been opened and the bal- 
lots taken out and later put back. After being out they had been put back into the 
boxes of the first of the eighth? — A. Yes, that thing could have happened. 



80 BEAKES VS. BACON. 

Q. That is possible? — A. If the ballots had been tampered with, of course. 

Q. If they were found in the box of the first of the eighth and they had been out, 
that would be the explanation of it? — A. Sure. 

Q. You don't know now whether you put the city ballots or the State and county 
ballots into that box? — A. I could not tell that particular ballot box; no. 

R. S. BIRMLEY was called as a witness by the contestant, and, being first duly 
sworn, was examined, and testified as follows: 

Direct examination by Mr. Brown: 

Q. You live here in the city? — A. Yes, sir. 

Q. Lived here how long? — A. Why, about eight years. 

Q. Did you serve as an election inspector, ojie of the members, in the eighth ward 
in November, 1916, election? — A. Yes, sir. 

Q. Which precinct? — A. Second of the eighth. 

Q. Second of the eighth? — A. Yes, sir. 

Q. Do you remember how many votes were polled in the second of the eighth? — 
A. Not exactly; must have been around 650. 

Q. Around 650. Now, who were the other inspectors? — A. C. A. Barnes, William 
Seid, Alfred Taylor, Albert Grossman. 

Q. Who initialed the ballots?— A_. C. A. Bariies. 

Q. How many different propositions did you vote on? How many different sets 
of ballots did he have to initial? — A. Eight. 

Q. Eight different ones? — A. Yes, sir. 

Q. Do you remember whether or not the second precinct of the eighth ward was 
furnished one ballot box that was labeled the first precinct of the eighth?— A. Yes, 
sir. 

Q. Did you see it there? — A. Yes, sir. 

Q. Do you know whether or not the ballots used at that election were put into that 
first precinct box after they were counted? — A. Yes, sir. 

Q. Which ballots were put into that box? — A. I could not say as to that. They 
were — when one can was full, we put the rest in the other can. 

Q. When one can was full, you put the rest in the other can. How many different 
first precinct boxes did you have? — A. Why, I think we only had one. 

Q. Do you remember seeing that? — A. Yes, sir. 

Q. Was that talked about at the time? — A. It was spoke about between — I think 
Mr. Barnes noticed it. I think he mentioned it to me. 

Q. At that same time? — A. In the morning. 

Q. Have you talked this matter over with anybody since that time? I never went 
to see you about it? — A. No, sir. 

Q. When did you first see me? — A. To-day. 

Q. That is all. Oh; can you identify the ballots; the State, county, and national 
ballots that were polled in the second precinct of the eighth ward now if you could 
see them? — A. I know Mr. Barnes's initials; I know his writing; that is all. 

Q. If those ballots are found in the first precinct of the eighth ballot boxes, then 
the probability is that it was that kind of ballots that you placed into that box, would 
it not? — A. Why yes. 

Mr. Brown. That is all. 

Cross-examination by Mr. Miller: 

Q. Do you know Mr. Zeigin? — A. No, sir. 

Q. Have you talked this matter over at all with Mr. Barnes?— A. No, sir. 

Q. Since November? — A. No, sir; only he spoke about it; about the recount. 
He told me he was here present at the time when you found one of the cans 

Mr. Brown. Mr. Barnes was here at the time? 

A. Yes. 

Mr. Brown. I beg your pardon. 

Q. Do I understood from that, you have or have not talked the matter over with 
Mr. Barnes since November? — A. In what way do you mean? 

Q. I mean the discrepancy in the recount in each precinct. — A. No, sir. 

Q. Haven't talked it over with him? I wish you would examine these two boxes 
marked "Eighth ward," first and second precinct, respectively, and identify, if you 
can, which box was in your precinct at the time of the election. There they are over 
there. Go and examine them. — A. I could not tell you. 

Q. You could not tell which one. These labels, "Eighth ward, second precinct," 
and "Eighth ward, first precinct," are just the same kind of labels that have been 
on the Jackson city ballot boxes for years?— A. As long as I have known anything 
about it. 



BEAKES VS. BACOISI". 81 

Q. Now, anybody that could read English and has his eyesight can read these 
labels, can't they? — A. Yes, sir. 

Q. Read that clear across the room, can't you? Letters pretty near 6 inches high. 
How many ballot boxes did you have in that precinct? — A. Three; used three. 

Q. Used three? What did you do with them after you got done with them? — A. 
Why, the large can was left in the booth, and the two small cans were sealed up and 
sent down to the office. 

Q. What did you put into the big can after the election? — A. Didn't put anything. 

Q. Have you ever examined that large can since the election?— Why, we have 
used it twice since then on elections. 

Q. Used last primary election? — A. Yes, sir. 

Q. And the April election? — A. Yes, sir. 

Q. Did you examine that can at any time prior to the primary? — -A. No, sir. 

Q. When you got done with the November count, you left the booth? — A. Yes, sir. 

Q. And never went back to it? — A. Not until the next time I was called there. 

Q. The large can was left there? — A. Yes, sir. 

Q. The two small cans were taken down? — A. Yes, sii'. 

Q. When you got done counting the ballots, what was done with them? — A. The 
ballots were tied up in bundles and put in the cans and sealed up. 

Q. When you got one can filled, then you began to put ballots in the other can. 
Is that right? — A. Well, we had the ballots all tied up. When the count was com- 
pleted and reports made out, they were put in the cans. 

Q. What else was put in the cans? — A. I don't know. Whatever the law calls for 
in the way of statements. 

Q. Well, as I understand it, you had — this is your testimony that you had one first 
precinct of the eighth ward can? — A. Yes, sir. 

Q. And one second precinct of the eighth ward cati? — A. Yes, sir. 

Q. And it is the inference that the first precinct had one of your cans? — A Why, 
naturally. 

Q. That is your inference. Do you know anything about it? — A. No, sir. 

Q. And were you present when these cans were opened with these ballots in? 
Were you present here? — A. No, sir. 

Q. When the counting of the ballots was finished, they and the poll books and 
tally sheets were put into the cans? — A. Whatever the law calls for. 

Q. Whatever the law calls for, and when one can was filled with the ballots, the 
other one — then the balance of the ballots went into the other can? — A. Yes, sir. 
Q. Now, you had city ballots and State and county ballots and* about six constitu- 
tional amendments ballots at that election? — A. I don't recall. 

Q. Well, you had about — you had there you say, eight kinds of ballots at that 
election. — A. My impression was eight. 

Q. And how many crews of men were at work counting the ballots? — A. One. 

Q. One crew, and you started and counted them — which ballots first? — A. Why, 
I could not say which we counted first. 

Q. What? — ^A. I don't know which we began counting first. 

Q. And whichever set of ballots you got done counting first, you then sealed up 
and put into the ballot box? — A. Well, I could not say, I think we put them right into 
the cans as as fast as we got the vote compiled and put them into the can. I could 
not say; might not have put them into the can all at one time. 

Q. The possibility is you put them into the can to get them out of the way? — A. 
Possibly did. 

Q. And then when you got that can filled, you went ahead and put some ballots 
into the other can? — A. Yes, sir. 

Q. Now, what was the nature of the label that was on that ballot box which was 
from the first precinct of the eighth ward? — A. Why, I think it was a foolscap paper, 
and it was pasted over the fu'st precinct and marked "second precinct, eighth ward.'' 

Q. There is nothing on this can over here now to indicate any piece of paper has 
ever been pasted over it? — A. It doesn't look like it, but I am under the impression 
it was pasted. 
Mr. Brown. Might have been tied on. 
A. What? 

Mr. Brown. Might have been tied on. 

A. No, it was pasted on. Had four — if I am right, had four of this here tape you 
see stuck on the corners. 

Q. Now the fact— if you are right about that, then you had one second precinct 
can and one first precinct can? — A. Yes, sir. 

Q. And the fact might have been as to the disposition of the ballots either thatthe 
State and county ballots got into the second precinct l;ox or into the first precinct 

9669^r-17 6 



82 BEAKES VS. BACON. 

box or partly into lioth. Any one of those three things might have leen the fact. 
That is true, isn't it? A. Yes; could have been mixed up. 

Q. And as to what the fact was, assuming you are correct in your testimony, your 
recollection, that you saw a first precinct box there A. Yes, sir. 

Q. Assuming that fact to 1 e correct, as to which hox the ballots got into, your 
recollection is imperfect at the present time? — A. I could not say. 

Q. You do not know? 

Mr. Miller. That is all. 

Redirect examination by Mr. Brown: 

Q. If there was a white piece of paper stuck on that box in the manner which you 
describe, it might be taken off and leave no impression, would it not? 

Mr. Miller. That is a matter of opinion; I don't know about that. 

Mr. Brown. Let him tell. 

Mr. Miller. Pretty hard to get a piece of paper 

A. Well, wasn't very hard. 

Q. It was stuck on with tape. — A. Two of the corners came loose, I know, and I 
spoke to Mr. Barnes, then the paper was loose. I am not sure, but I think he stuck 
it back on. That tape doesn't stick very heavy — very hard. 

Q. Whether or not that tape, if it came off, whether it would leave any impression 
that would be there now. — A. I don't think it would leave very much. 

Recross-examination l^y Mr. Miller: 

Q. There isn't anything on this box to indicate there has ever been anything 
pasted over the la'-.el, as I see? — A. Well, there is on this one right here. 

Q. Now that doesn't indicate anything of the — anything pasted over the 
labels. 

Mr. Brown. Several places look as though something had been done. 

A. Yes; can't tell. 

Mr. Miller. That is all. One question more. Assuming for a moment that there 
are 92 ballots that weren't in the box that ought to have been there, that might be 
accounted for if the ballot boxes had been opened after they left your possession 
and then they were brought in here for a recount. 

A. I could not say; I didn't come down with the cans. 
• Q. I didn't understand that. — A. I could not say; I didn't come down with the 
cans. 

Mr. Miller. I guess that is all. 

WILLIAM SEID was called as a witness by the contestant, and being first duly 
sworn, was examined and testified as follows: 

Direct examination by Mr. Brown: 

Q. Your name is A. William Seid. \ 

Q. Were you one of the election inspectors in the second precinct of the eighth 
ward on the November, 1916, election? — A. Yes, sir. 

Q. Who were the other inspectors? — A. Mr. Barnes, Mr. Birmley, Mr. Grossman, 
and Mr. Taylor and myself. 

Q. And yourself? — A. Yes, sir. 

Q. Do you remember about how many ballots you had. State, county, and con- 
gressional ballots, that time, how many votes were polled? — A. Something in the 
600. I can't remember exactly, but it was in the 600, I think. 

Q. Do you know whether or not your voting precinct, that is, the second of the 
eighth, was furnished with a box that was labeled first of the eighth precinct? — A. I 
remember Mr. Birmley or Mr. Barnes speaking about it, but that is as much as — I 
didn't give it much thought, and that is as far as it went with me. 

Q. When did you hear them speak about it, at that time, on the election day? — 
A. Why, I think it was when they were going to begin business, begin balloting. 

Q. When the ballots were voted where did you put them? — A. When what? 

Q. When the voter gave an inspector the ballot where was it placed? — A. On the 
can; the large can. We had an inspector put them in the can. 

Q. You had an inspector who put them in the can? — A. Yes, sir. 

Q. And that was tliis big can? — A. Yes, sir. 

Q. Five feet or six feet high? — A. Something like that. 

Q. Big, galvanized-iron can? — A. Yes, sir. 

Q. After the votes were counted, the ballots counted, where were they placed, 
what did you do with them? — A. Placed them in the can for all I can say. 

Q. Any ballots placed in this can labeled the first of the eighth ward? — A. I think 
so. You see I don't remember that can. 



BEAKES VS. BACOlSr. 83 

Q. Don't remember the can? — A. Yes; I remember Mr. Barnes or Mr. Birmley, I 
don't know which it was, speak about it, we had a can from the first precinct of the 
eighth ward. 

Q. Who initialed the ballots? — A. Mr. Barnes. 

Q. And could you identify those ballots now if you were shown them? — A. I think 
so. I could identify Mr. Barnes's initials. 

Mr. Brown. That is all. 

Cross-examination by Mr. Miller: 

Q. Who have you talked with about the discrepancy in the eighth ward in your 
precinct? — A. Nobody. 

Q. Haven't you talked with Mr. Barnes? — A. We were talking here amongst our- 
selves a few minutes before you came up. 

Q. Didn't you talk with them before that? — A. No, sir. 

Q. Haven't you talked about it repeatedly since the November election? — ^A. No, 
sir. 

Q. Have you talked with Mr. Zeigin about it? — A. Mr. Zeigin came up there last 
spring, the spring election, and he says to Mr. Barnes, "Mr. Barnes, you had — did 
you know that you got the ballots of the second precinct — the first precinct of the 
eighth ward and the second precinct of the eighth ward mixed?" And that is all I 
can remember Mr. Zeigin told Mr. Barnes. 

Q. You remember Mr. Zeigin told Mr. Barnes that? — A. I heard him say that. 

Q. That was at the spring election? — A. Last spring election, April 2. 

Q. April election? — -A. April election. It was about 9 or 10 o'clock. 

Q. Mr. Zeigin told Mr. Barnes that ait the booth? — A. Yes, sir. 

Q. That was April 2?— A. I think so. 

Q. How?— A. Yes, sir. 

Q. And did you talk with Mr. Zeigin at that time? — A. I says, "How do you do?" 
He says, "How do you do?" to me. 

Q. Did he tell you there was — did he make any explanation as to how you got those 
ballots mixed?— A. Not that I recollect. They were arguing back and forth there 
and Mr. Birmley and I were counting the ballots, but I don't think there was much 
said. Only he said that the ballots got mixed up in the can. 

Q. Now, that talk might have been at the primary election in March. — A. That was 
the spring election, April 2. 

Q. You didn't look at these boxes much when they were in the booth? — A. What 
is that? 

Q. You didn't look at the ballot boxes in the booth in that election? — A. No, sir; 
I was attending the registration book. 

Q. When you were counting the ballots A. (Interrupting.) Why, I don't re- 
member. As I say, I heard Mr. Barnes or Mr. Birmley say we had the wrong can, 
and that is as far as it went. 

Q. That is all. Did you personally look at that label on the cans at all? — A. No; 
I didn't. Just as I said. I heard Mr. Birmley or Mr. Barnes say that there was a 
wrong can there. 

Q. You didn't have interest enough to look at the can and see?— A. No, sir, I didn't; 
I was busy at the time. 

Mr. Miller. I guess that is all. 

CAREY A. BARNES recalled for further cross-examination. 

Q. When you saw that box was labeled wi'ongly, why didn't you change the label? — ■ 
A. We didn't have time even to eat lunch or change the label; worked all day without 
anj^hing to eat. 

Q. Didn't it occiu" to you that any discrepancy in the retiu'ns, it might be a very 
serious matter in a recount or election contest? — ^A. No, sir; it didn't. 

Q. You just went far enough with it to talk with Mr. Birmley and Mr. Seid and tell 
them that the label was wrong, but you didn't think enough of it to change the label 
so as to make it right? — A- Well, no; I didn't give it a thought, anything more than 
to notice there was a mix up in the cans. That was all there was of it. 

Q. Was the mix up in the cans called to your attention by Mr. Zeigin when he 
came out on the 2d of April? — A. Yes. Made mention of it. 

Q. You were up here when they recounted the ballots, weren't you? — A. No, sir. 

Q. I thought you said you were? — A. Mr. Birmley swore I was up here, but he was 
mistaken. All I knew about the recount of the ballots was what I read in the news- 
papers. 



84 BEAKES VS. BACON. 

EDWIN JACKA was called as a witness by the contestant, and being first duly 
Bworn, was examined and testified as follows : 

Direct examination by Mr. Brown: 

Q. Mr. Jacka, whereabouts do you live? — A. I live 750 North East Avenue. 

Q. City of Jackson? — A. City of Jackson. 

Q. And how long have you lived in the city of Jackson? — A. Well, I lived 15 years, 
I think, in the city of Jackson, but I lived in Jackson County all my life. 

Q. Were you one of the election inspectors in the first precinct of the eighth ward 
at the November, 1916, election? — A. I was. 

Q. And who initialed the ballots in that precinct? — A. Why, I think I initialed 
most of them. 

Q. And what are your initials. — A. E. J. 

Q. Now, if anybody else initialed ballots in that precinct, what initials will those 
ballots bear? Were they all initialed E. J.? — A. I think when I went to dinner that 
Mr. Williams initialed some ballots. 
Q. Did he use your initials or his own?— A. No, he used his own initials. 

Q. What are his initials? — A. A. W. 

Q. Then the ballots in the first precinct of the eighth ward are initialed A. W. 
or E. J. — A. I can not answer for any only my own initials. I don't know who initialed 
them while I was at dinner. 

Q. You don't know? — A. I don't know. 

Q. Do you remember whether or not the first precinct of the eighth ward had any 
boxes that were labeled "second precinct of the eighth ward"? 

Mr. Miller. I will object to any testimony as to that unless the boxes themselves 
are produced here. Talking about their labels, wrong labels; I want to see the labels. 

Mr. Brown. I can't produce them. I just asked him. I want to know whether 
any 

Q. You never saw this can before? — A. No; I don't know nothing about it. 

Q. You don't know anything about it? — A. Didn't know anything about it 
until I seen it in the newspaper. 

Q. You don't know now whether the first precinct had any boxes other than those 
that rightfully belonged there? — A. Rightfully belonged. 

Q. And properly labeled? — A. Properly labeled . 

Q. Could you identify the ballots, do you think, from those initials? — A. My own 
initials; I think I could; yes, sir. 

Q. And just how many of the ballots were initialed by somebody else, you don't 
know? — A. No; I don't know. 

Q. You don't know whether Mr. Williams initialed ballots or not? — A._ That was 
given me as my post — position when they organized, and I — it kept me going at that 
all the while. 

Q. Is Mr. Williams here? — A. No, I don't think Mr. Williams is. 

Mr. Brown. That is all. 

Mr. Miller. No questions for the present. 

ROBERT SIMPSON was called as a witness for the contestant and being first 
duly sworn was examined and testified as follows: 

Direct examination by Mr. Brown: 
Mr. Miller. I will ask Mr. Jacka one question. 

EDWIN JACKA recalled for cross examination by Mr. Miller. 

Q. Who has talked to you about this Bacon-Beakes A. Who did I talk to? 

Q. Recount? — A. I have not talked to anyone. 

Q. Haven't talked with anybody at any time since November, 1916? — A. No one 
that I know of. I saw it in the paper, but I have not discussed the matter with any- 
one at all. 

Q. Talked with Mr. Zeigin over here at the table, this gentleman sitting over 
here? — A. No, I don't know the gentleman. 

Q. Did you hear Mr. Brown explaining how the discrepancy in the votes took 
place here this morning? — A. How, the discrepancy? 

Q. Yes.— A. Well, I didn't say anything. He was in here talking with the sixth 
ward over there how he might have got the ballots mixed up. 

Q. Did you hear anybody explain how he thought the ballots were mixed up in 
the eighth ward? — A. Well, didn't the papers give an explanation of that? They 
thought that the ballots were mixed in the boxes. 

Q. Let's see, there was an article in the paper. What did that article in the paper 
say? — A. Well, that is where I got it from. I haven't heard. 



BEAKES VS. BACOX. 85 

Q. You got all you know about it, the only explanation you liaye got for that dis- 
crepancy in those two precincts is an article you saw in the paper? — A. That is all I 
know. 

Q. You don't know anj-thing about it except what the newspaper said? — A. That 
is all I know. 

Q. That might be true and might not? — A. That is as far as I can go. 

Q. Then personally you have no knowledge whatsoever about the question? — A. 
Not a thing. 

Redirect examination by Mr. Brown: 

Q. You were in the room from the time I came into the room until Mr. Miller came? 
A. Yes, sir. 

Q. You heard what I said, did you not, about the reason for taking this testimony, 
what we were trjdng to do? A. Yes, sir. 

Q. You didn't hear me say how the thing occurred, did you? — A. No, sir; I didn't. 

ROBERT SIMPSON recalled for direct examination by Mr. Brown. 

Q. What is yoiu- name? — A. Robert G. Simpson. 

Q. You live here? — A. 828 Waterloo Avenue. 

Q. City of Jackson? — A. Yes, sir. 

Q. How long have you lived here? — A. Since 1879. 

Q. Were you one of the election inspectors in the first precinct of the eighth ward 
at the November, 1916, election? — A. Yes, sir; I was. 

Q. Do you remember how many ballots were polled? — A. Sumething like 555. 

Q. 555? — -A. Something along about that, sir. 

Q. Who initialed the ballots? — A. I did, some of them. 

Q. And who else? — A. Mr. Jacka. 

Q. Anybody else? — A. I think Mr. Williams did. 

Q. Mr. Williams when he got time? — A. T^Tien he had a little time; that was all, 
possibly. 

Q. Now, yom- initials are what? — A. R. G. S. 

Q. Mr. Williams's initials are what? — A. A. N. Williams. 

Q. A. N. W.— A. A. N. Williams or A. N. W.; yes, sir. 

Q. Mr. Jacka's initials are what? — A. E — Edwin — I don't know whether got 
any middle name or not. Edwin Jacka I got it. 

Q. Anybody else initial any other ballots there? — ^A. Not as I remember. 

Q. Do you know whether or not there was any mix up in the ballot boxes? — A. 
Yes, sir. 

Q. In the first precinct of the eighth ward? — A. Yes, sir. 

Q. What ballot boxes did you have? — A. I had second precinct. 

Q. You had second precinct boxes? — A. Yes, sir. 

Q. How many of them did you have? — A. One of them. I think. 

Q. One?— A. I think so. 

Q. Did you have more than one? — A. I would not be sure. I would not be sure, 
but if I remember right, we see that there was a mistake in the ballot boxes, but we 
didn't have time to have them corrected. 

Q. Now. when a voter voted there that day, where was his ballot first placed? — A. 
What is that. 

Q. Where did you place the ballot of a voter when he first voted — what box did 
you have to put the votes in? — A. We put the national ticket in one box. 

Q. You put the national ticket in one box? — A. Yes, sir. 

Q. What kind of a box was that? — A. Largest box. • 

Q. Largest box. I show you four boxes that we have here in the room. Look at 
those ballot boxes and tell us whether or not it — was it a larger box than anv of those? — 
A. Yes. 

Q. Large galvanized-iron box? — A. Yes, sir. 

Q. After the ballots were counted, whereabouts — what was done with th^ ballots? — 
A. What was done with the box? It was locked up. 

Q. T\Tiat did you do with the ballots? — A. Counted them and put them in the box 
second precinct — first precinct box supposed to be, but it was the second precinct box. 

Q. You put them into a box labeled second precinct? — A. Yes, sir. 

Q. WTiere were they taken? — A. Down to the city clerk. 

Q. Sealed up were they later? — A. Yes, sir. The policeman earned one box and I 
carried the other. 

Q. You took two boxes down? — A. Yes. sir. 

Q. You went there with them, did you? — A. Yes, sir. 

Q. Delivered them to the city clerk? — A. Yes, sir. 

Mr. Brown. That is all. 



86 BEAKES VS. BACON. 

Cross-examination by Mr. Miller: 
Q. What is your business? — A. Carpenter and joiner. 

Q. Union man? — A. I work at Sparks ■ 

Q. What? — A. I am a union man in that sense of the work. I work for Sparks- 
Withington. I can^t belong to the union and work for a corporation. 

EDWIN JACKA recalled for further cross-examination by Mr. Miller. 

Q. What is yom' business, Jacka? — A. Machinist. 

Q. Union man? — A, No, sir. 

Q. Not a union man? — A. I am a foremen in a machine shop. 

EGBERT G. SIMPSON recalled for further cross-examination by Mr. Miller. 

Q. How long, Mr. Simpson, had you been on the election board? — A. Well, I 
believe I have been on the election board off and on for 10 and 15 years. 

Q. Always in the first of the eighth? — A. Yes, sir. 

Q. What did you do with the large box after the election? — A. It is up there yet. 

Q. In the booth? — A. Yes, sir. 

Q. You never looked into it to see what was in it since? — A. Me? 

Q. Yes. — A. Yes, sir, I looked into it last spring. 

Q. At what time? — A. One day when we were on the election board. 

Q. That was March? — A. Yes, sir. 

Q. Been there ever since November? — A. Been there ever since November. 

Q. Well, now, whom have you talked to about this mix up in your precinct? — A. 
Nobody. 

Q. Have talked to nobody? — A. We didn't expect there was any mix up in our ward. 

Q. Ever talk with Mr. Zeigin about it? — A. Zeigin? I don't know the gentleman. 

Q. Sitting next to Mr. Brown over there. — A. I know him by sight, I think, too, 
since you speak his name, but I didn't know him before. 

Q. Were you in the room this morning when I got in? — A. Yes, sir. 

Q. You were one of the persons that were sitting here in the room when I came in? — 
A. Yes, sir, sat right over in that chair next to the alcove. 

Q. There was some con\ ersation going on about the voting and the alleged mix up in 
these boxes at that time, wasn't there? — A. Not with ours — the sixth ward. This 
gentleman over here mentioned something about the sixth ward when I was sitting 
over there. 

Q. Mr. Brown was talking to five or six men that were sitting in front of him? — A. 
Yes, five or six men. 

Q. That conversation was about the ballots in the sixth ward? — A. Yes, sir. 

Q. You heard that conversation? — A. I did. 

Q. Was something said there about switching the ballot boxes in the sixth ward? — A. 
Something about the sixth ward, because — I don't know, because all talking, some- 
thing I didn't catch all just what was said. 

Q. Did you read that newspaper article that was published about the alleged switch- 
ing of the ballot boxes in the eighth ward? — A. I did. 

Q. Did you assume that was true, when you read it? — A. I did not. 

Q. You didn't. — A. No, sir, could not be true. 

Q. Could not be true? Was not ture? — A. No, sir, it was not true. 

Mr. Miller: That is all. 

Redirect examination by Mr. Brown: 

Q. What was there in that article that was not true? — A. The switching of the ballot 
boxes, because had more ballots in there than were polled in om* ward. 

Q. There were more ballots credited to your ward than you had? — A. Yes, sir. 

Q. That is what you mean isn't true? — A. That is what I mean. 

Q. But did you mean to infer or say that the boxes weren't actually switched? — A. 
I mean to infer that they counted the second precinct of the eighth ward for the first of 
the eighth. That is what I mean. 

Recross-examination by Mr. Miller: 

Q. How many boxes did you get? — A. I got two. 

Q. And the big orre? — A. And the large one. 

Q. So you had three boxes in all? — A. Had three boxes in all. 

Q. And how many boxes did you have that were second precinct boxes?— A. Ouq 
of them that I am sure of. 

Q. One second precinct box and one first precinct box? — A. Yes, sir. I think 
bo; I would not be positive about it. 



BEAKES VS. BACON. 87 

Q. Now, there is no difficulty about reading these labels? — A. Yes, sir; because 
there was a board across — there was a paper printed across it. 

Q. Printed across what? — A. Across the "First of the eighth"; first precinct, 
second precinct. 

Q. You got one box with a paper pasted across it? — A. Yes, sir'. 

Q. And one without any paper pasted across it? — A. I think so. 

Q. Who counted the State and county ballots? — A. What is that? 

Q. Who counted the State and county ballots? — A. Six men counted them. 

Q. Who counted the city ballots? — A. We all took our part and counted them up. 

Q. Did you divide into squads? — A. No; counted to see if tallied completely with 
the tally sheet, first and foremost; then the splits; counted them next and tallied off. 

Q. How long — did the whole six of you start in and count the State and county 
ballots first?— A. Yes, sir. 

Q. And then counted the city ballots? — A. Yes, sir; afterwards. 

Q. So first one set of the ballots were counted and then another set counted? — A. 
Yes, sir. 

Q. And the same is true of the amendments? — A. Same thing all the way through. 

Q. What did you do with the ballots after done with them? — A. Tied them up in 
packages, blanks, straights, and so forth. 

Q. What did you do with them? — A. Put them in the ballot boxes and locked the 
boxes up. 

Q. Is that all you put into the ballot boxes? — A. No, sir. 

Q. What else did you put in? — A. Put in tally sheets and our poll books and 
statement. 

Q. That is a duplicate of your return? — A. Yes, sir. 

Q. That is true of the State return and city return? — A. Yes, sir. 

Q. Which box did your city returns get into and which box did your State returns 
get into? — A. I could not tell you; put in those two boxes and carried down to the 
ofiice. 

Q. That is, the ballots and all State and county ballots and city ballots get into 
the boxes, but you could not tell which was which? — A. Which was which? I guess 
not. 

Mr. Miller. That is all. 

Mr. Brown. That is all. 

Q. After you read that newspaper article, did you ever talk with anybody about 
this? — A. About this election? 

Q. About this mixup in the ballot boxes? — A. No, sir. 

Q. Ever talk with anybody on your election board? — A. No, sir. 
- Q. Never taken the question up at all? — A. No, sir. 

Q. Well, as I understand it, you didn't notice — you didn't think anything about 
the switching of the boxes A. What is that? 

Q. You didn't think anything about there being any switch of the boxes until 
you read that article? — A Yes; I thought there was a switch; I knew there was a 
switch; must be. 

Q. Did you say anything to any of the other members of the board? — A. No; I 
don't see any of the members of the board except once a year. 

Q. On November 7, did you see that you had the wrong box?^ — A. I did. 

Q. Did you say anything to anybody else? — A. I did; spoke to the board; didn't 
have time to correct' it. 

Q. Say anything to Mr. Jacka about it? — A. Well, Jacka was a little late coining in. 

Q. So that was the reason you didn't say anything? — A. That was the only thing; 
he didn't hear us speak about it. 

Q. Well, now, there were how many members of the board? — A. Six — there were 
five and we had to call another man to help out. 

Q. When did your polls open? — A. We was open about five minutes past 7. 

Q. And when do they close? — A. Eight o'clock. 

Q. Eight o'clock in the evening? — A. In the evening; yes, sir. 

Q. I suppose when the polls were opened there was a big rush of voters? — A. There 
was quite a few. 

Q. At the start? — A. There was quite a few. 

Q. And then, as usually happens, there is a let-up during the morning and then a 
rush again at noon? — A. Let-up about half past 9, between 9 and 10. 

Q. And then there would be quite a little run of voters at noon? — A. Well, after 
noon, yes. 

Q. After, when they get time at noontime? — A. Yes, sir. 

Q. And then there is a let-up. There is a heavy rush A. There wasn't much 

let-up all that day, Mr. Miller; it was a steady go all day; it was just about all we 



88 BEAKES VS. BACON. 

could do to keep up. If the voters had all turned out as we expected, would not 
have had time. 

Q. Would you have had time enough — wouldn't have taken a minute to change 
the two to first? — A. I didn't think I had any authority to do that. 

Q. Didn't you think there was liable to be a very serious mixup about it if these 
boxes got mixed up? — A. Why, true; but I didn't think it was our duty as a board 
when delivered to us from the city clerk. 

Q. Did you call the attention of the officer^ on duty in the booth? — A. Yes, sir, 

Q. Did he know anything about it? — A. No, sir. 

Q. Did you ever say anything to the city clerk or any election authority about 
this matter? — A. No, sir. 

Q. Did you ever make any report to the city that these boxes were switched? — 
A. No. 

Q. Did you happen to think that the title to the office of Congressman or any other 
office might depend on this matter? — A. Not a thing. 

Q. And you knowing that there was a wrong box there A. Yes, sir. 

Q. And that it would not have taken you 30 seconds to change that so as to make 
it appear right, you deliberately let that stand? — A. If I had done that, might get 
into trouble with the city clerk. 

Q. You didn't stop to think that hinging upon that matter there might be a con- 
test involving thousands of dollars and taking months of time to cover it? — A. No, 
sir; I didn't. 

Q. You thought it was a matter of no consequence? — A. I didn't think anything 
of the kind. I thought it was a business that we had no business to interfere with. 

Q. You never even stopped to give it a second thought after noticing it? — A. I 
told the rest of the men of the board. 

Q. You never thought it was enough importance to send one man out and call up 
the city clerk's office and tell him about the switch? — A. No. 

Q. Never put the matter up to anyone in authority? — A. Not a thing. 

Q. But when the ballots were counted you put the ballots back into the box? — 
A. Yes, sir. 

Q. You don't know whether the State and county ballots got into that wrong box 
or right box? — A. I could not tell you. 

JOSEPH KLOTZ was called as a witness for the contestant and, being first duly 
sworn, was examined and testified as follows: 

Direct examination by Mi'. Brown: 

Q. Mr. Klotz, what is your full name? — A. Joseph Klotz. 

Q. You live where? — A. 316 Ross Street, eighth ward.' 

Q. And have lived here how long, Mr. Klotz? — A. For the past 21 years. 

Q. Were you one of the election inspectors in the first precinct of the eighth ward? — 
A. Yes, sir. 

Q. November, 1916?— Yes, sir. 

Q. Who were the other inspectors?— A. Why, Al Williams, Robert Simpson, Edwin 
Jacka, and Art Cradit, Charley Hanson, and myself. 

Q. Who initialed the ballots? — A. WTiy, most of the ballots I think were initialed 
by Mr. Jacka and Mr. Simpson and Mr. Cradit and Mr. WilHams. I think Mr. Jacka 
initialed probably about as many as anybody; maybe more of them. 

Q. Now, how many ballot boxes did you have there in that precinct for that election 
to use? — ^A. Well, I think there were three. 

Q. And compared with those you see here now, how were they as to size? — A. Well, 
two of them about that size; possibly one might have been a little smaller, but I should 
judge about that size, two of them. 

Q. And the other one? — A. That was a large one. 

Q. A large galvanized iron box? — A. Yes, sir. 

Q. Did you notice or was your attention called to the fact that yoiu precinct had 
a second precinct box? — A. I think so. 

Q. Anybody speak about that, or did you notice it yourself? — A. Well, I didn't 
notice it myself, but I think I heard Mr. Simpson say something about it, but I have 
just a faint memory of it. 

Q. That is all you remember about it? — A. Yes; I didn't pay no attention to it 
myself. 

Q. And don't remember of seeing it yourself? — A. Not as I can remember seeing it. 

Mr. Brown: That is all. 

Mr. Miller: No questions. 

Mr. Brown. Now, I want these six witnesses, men who have just been sworn, to 
take the ballots from the box containing the ballots that we recounted as ballots of the 
first precinct of the eighth ward and look those — examine those ballots and tell us 



BEAKES VS. BACOIS". 89 

whether those are the ballots that were polled in the fii'st precinct of the eighth ward 
or in the second precinct of the eighth ward and how many of them there are. 

Mr. Miller. I move to strike out all testimony as to any paper labels or any switch- 
ing of the labels on these boxes that are alleged to be wrongly labeled are produced. 
I do not think it is proper for witnesses to come in here and say that at the November 
election, 1916, there were boxes with paper labels pasted on them when the boxes 
that are produced show clearly on their face that they are plainly and accurately 
labeled so that there is no reason for p;itting any such label on there, and until the 
production of the actual box and actual label, then I do not think any testimony 
there ever was such a label on the box is competent. In the second place, I object 
to the opening of these ballots — these boxes again for the reason that the ballots have 
already been recounted once. As to the second precinct, the testimony is the ballots 
were properly preserved. As to the first precinct, it appears that there was a sm-plus 
of ballots, and the statutes of Michigan provide a method that shall be followed in 
that event, which is that the ballots shall be returned to the boxes in such a way that 
they shall be thoroughly mixed and then without opening the box a sufficient number 
will be withdrawn so as to make the number correspond with the number in the poll 
books, and I suggest and request that that procedure be followed, not only in regard to 
the second precinct — as to the first precinct of the eighth, but also in regard to the thii-d 
precinct of the sixth ward. As to the second precinct of the eighth ward, the testi- 
mony showing the ballots have been properly preserved, I object to reoi^ening the box 
or reexamining the ballots in any way. 

Mr. Brown. It is my claim that the testimony shows that the boxes in the two pre- 
cints of the eighth ward were changed; that the first precinct board were given a second 
precinct box and the second precinct board were given a first precinct box and that 
when the boxes were recounted upon the application of the retm-ned Member the sur- 
plus ballots of the respective precincts were found in these precincts, and that the 
total if given to Mr. Beakes in both precincts and the total if given to Mr. Bacon in 
both precincts shovv practically the same as that returned by the two boards after the 
election, and I am willing that these ballots should now be separated by the inspectors 
of those precincts and if a surplus of ballots is found in either precinct to follow the 
course suggested by counsel for the returned Member and replace all the ballots in 
the box and thoroughly mix them and withdraw any surplus ballots. And I am willing 
to do this same thing with the second and third precincts of the sixth ward if counsel 
wants to pursue that method. 

I am opening the box of the first precinct of the eighth ward that was recounted 
by representatives of the respective parties as the ballots cast in the first precinct 
of the eighth ward at November, 1916, election upon the application of the returned 
Member, not upon the application of the contestant, and ask these six witnesses 
to identify these ballots and tell us in which precinct the ballots in this box were 
cast — identify these ballots in this box were cast — identify these ballots, if they can, 
by the initials on the ballot. There are the ballots. I ask you gentlemen to look 
them over. 

(The witnesses thereupon preceded to examine and count the ballots taken from 
the box.) 

CAREY A. BARNES recalled for further examination by Mr. Brown. 

Q. Now, Mr. Barnes, you have examined all of the ballots that were foimd in the 
box that was furnished the representatives of the parties as the first precinct of the 
eighth ward ballots, and you found that those were ballots that were cast where? — 
A. Those ballots were cast in the second precinct of the eighth ward. 

Q. All of them?— A. Yes, sir. 

Q. You have examined every one of them? — A. Yes, sir. 

Q. And every one of those are ballots that were cast in the second precinct of the 
eighth ward? — A. Yes, sir. 

Q. And placed by a mistake into a first precinct ballot box so that A. No, 

you have not got that right. They were placed in a proper receptacle when they 
were voted, but when they were rolled up after they were counted, we put them into 
a small ballot box. 

Q. That is the way you account for it? — A. That is the way I account for it; yes, sir. 

Mr. Brown. I would like one of these gentlemen to identify this poll book as one 
that was used in the first precinct of the eighth. I will call upon Mr. Simpson to do 
that. 

ROBERT G. SIMPSON recalled for further examination by Mr. Brown. 

Q. I show you a book marked "Contestant's Exhibit poll book of the first precinct 
of the eighth ward of the city of Jackson," and ask the witness to say whether that 



90 ' BEAKES VS. BACON. 

was the poll book that was used at that time. — A. That is the poll book. Those are 
my initials and that is Mr. Williams's and that is Mr. Klotz's. 

Q. Look at the poll book and tell lis how many people voted. How many votes 
did you have? How many names did you show on the poll book? — A. 568 here. 

Mr. Brown. I will ask the notary to attach these four exhibits, contestant's three 
and returned Member's one. 

Mr. Broavn. That is all, Mr. Miller. 

CAREY A. BARNES recalled for further cross-examination by Mr. Miller. 

Q. Now, Mr. Barnes, iiave you a pencil? On the original count in the first of the 
eighth Bacon was given 213 and Beakes 293. On the recount of those ballots in the 
first of the eighth, that were recounted as ballots of the first of the eighth, Bacon got 
254, Beakes 368. That is an apparent gain for Bacon of 41 and an apparent gain for 
Beakes of 75. Take 41 and 75 and add them up. — A. 116. 

Q. 116. There apparently was a surplus of laallots in the box of 91. Subtract 91 
from 116. — A. By the way, you are talking now about the first precinct. 

Q. I am talking about these precincts. I am just asking you to take these figures. — 
A. You want me 

Mr. Brown. I object to the question. It is not fair and it is not so. Counsel asks 
him — counsel asks the witness to take the return made on the recount of the first pre- 
cinct of the eighth when he should take the return made on the original count if he 
wants to ask the question. 

Mr. Miller. I am taking the original returns inhere and the figures. I am taking 
the figures as I have a right to take. 

Q. There is a difference of 27, isn't there?— A. 91 from 116? 

Q. Leaves 27. — A. As I figure, 1 from 6 leaves 5, 9 from 11 leaves 3; leaves 35. 

Q. Nine from 11 leaves 2. — A. Yes; 9 from 11 leaves 2 25. 

Q. Then the addition of 91 surplus votes to the original vote of the first of the eighth 
would not account for 116 extra votes in that precinct? — A. Where do you get tha 
surplus votes? 

Q. I ask you the question. If Brown wants to straighten out the discrepancy, he- 
has a chance to. 

Mr. Brown. No, I don't care. 

A. I am not going to straighten it out for you because I don't know anything about it. 

Q. You can't. "There is no answer? — A. No, sir. 

Mr. Brown. These ballots that the representatives of the respective parties re- 
counted as ballots cast in the first precinct of the eighth ward at the November elec- 
tion are now upon the desk before us and have been identified by these witnesses as 
the ballots that were cast in the second precinct of the eighth ward and that were put 
into the changed boxes, and that if counsel is not now satisfied with the original count 
of the election inspectors in the second precinct of the eighth ward of these ballots 
that I am willing to go over each one of these ballots and recount them with him and 
agree with him as to the result. 

Mr. Miller. I will take the original count, original returns of the votes, in both the 
first and second precinct of the eighth ward. 

Mr. Brown. Very well, I agree to that. Stand on the original return. 

Mr. Miller. I agree that we shall stand on the original return in both precincts. 

Mr. Brown. Upon that understanding I will waive all further testimony asto the 
mix lip of ballots. Is that satisfactory? 

Mr. Miller. That is satisfactory. 

Mr. Brown. I will make the same proposition in the second of the sixth and the 
third precinct of the sixth ward . 

Mr. Miller. I will agree to that as to the second of the sixth. That is the only 
thing you can do as to the second of the g|ixth. 

Mr. Brown. Very well. Then as to the second of the sixth 

Mr. Miller (interrupting). As to the third of the sixth, no. 

Mr. Brown. I agree with Mr. Miller that the only thing we can do with the ballots 
from the second precinct of the sixth ward is to accept the original count, except that 
I claim the right to separate from the third of the sixth the ballots that were improperly 
placed there by exchange of boxes. I claim there are 42 ballots in the thir^d precinct 
of the sixth ward that were cast in the second precinct of the sixth ward , and am willing 
to stand upon the original count of both of those precincts. 

Mr. Miller. I will not stand on the original count of the third. I will stand on the 
original count of the second. 

(A recess was hereupon taken from 12 o'clock until 1.30 o'clock p. m. of the same 
day, at which time the proceedings were resumed with the same parties present.) 



BEAKES VS. BACON. 91 

ALBERT L. DAILEY was called as a witness on behalf of the constestant, and 
being first duly sworn, was examined and testified as follows: 

Direct examination by Mr. Brown: 

Q. Where do you live, Mr. Dailey?— A. 606| South Gorham. 

Q. Jackson City, Mich.? — A. Yes, sir. 

Q. How long have you lived here? — A. I have lived here in the city 25 years. 

Q. On November 7, 1916, did you occupy some official position on the election 
board in the second precinct of the sixth ward of the city of Jackson? — A. Yes, sir. 

Q. What position did you occupy? — A. I was initialing and giving out ballots. 

Q. Election inspector? — A. Election inspector. 

Q. Initialing baLots? — A. Yes, sir. 

Q. Did you initial all of the ballots? — A. Not all of them. 

Q. Who else initialed some ballots? — A. Mr. Russell and Mr. Braun. 

Q. What is Mr. Russell's full name? — A. Frank Russell is all I know. ' 

Q. Did he initial the ballots with his initials as F. B. or F. R.? — A. He also put in 
his middle initial. 

Q. You don't know what that is? — A. I don't. ' 

Q. What is Mr. Braim's — that you say, the other man, Mr Braun— what is his full 
name?^A. Clarence M. Braun. 

Q. Now, how many ballot boxes did you have for your use there that day? — A. I 
think we had three. 

Q. And what was the nature of those boxes as to size compared with the boxes that 
you see before you here? — A. Why, we had some of those and also had a large box that 
we used during the balloting. 

Q. To put the ballot in after the voter had voted?^A. Yes, sir. 

Q. Were you there when the election polls closed? — A. I was. 

Q. What time in the evening did they close? — A. Eight o'clock. 

Q. How many ballots did you have in the second precinct of the sixth ward? — A. I 
think 577. 

Q. How many small boxes did you have? — A. I don't remember. 

Q. Did you have more than one? — A. Yes, sir. 

Q. Had two or more then? — A.. Two or more. 

Q. And you think there were 577 votes there? — A. I think there were witliin a- few 
of that number, 

Q. After the votes — after the election was closed, the balloting was closed, did you 
take the ballots out of this large box, out of this large can? — A. Yes, sir, out of the 
large can. 

Q. And were the ballots counted? — A. They were coimted. 

Q. Compared with the poll list? — A. Compared with the poll list. 

Q. Did you have the same number of ballots, State and county ballots, as names 
appeared on the poll list?— A. Yes, sir. 

Q. For tte second precinct? — A. For the second precinct. 

Q- Can you identify — can you — could you now identify the ballots that were cast 
in the second precinct of the sixth ward by the initials upon the ballots, if you were 
shown the ballots? — A. I could my own initials. 

Q. Could you identify Mr. Braim's signature and his initials? — A. No, sir. 

Q. Nor Mr. Russell's? — A. No, sir. 

Q. After the ballots were closed — ^after the election was closed, you took the ballots 
out of this large box and counted them. What did you do with ballots? — A. We sorted 
the ballots out, each ballot went in a separate pile and then they were counted. 

Q. After all that was done, what did you do with the ballots? — A. Rolled the ballots 
up in packages and tied them and then placed them in the small boxes. 

Q. The small boxes that had been furnished? — A. Yes, sir. 

Q. Did you notice how those small boxes were marked, whether they were marked 
"Second precinct of the sixth ward " or not? — A. What I saw were. 

Q. What you saw were? — A. What I noticed. 

Q. Would you be willing to testify now that the box, that all the boxes that you 
used for putting the ballots into aft6r the counting was done were so marked? — A. No. 

Q. Why can't you testify about that? — A. Why, I think that there was one box in 
there from the other precinct. 

Q. One box? — A. I would not swear to it. 

Q. You know that there was no discrepancy in the number of ballots with the names 
on the poll lists. — A. We accounted for all the ballots that the men had marked on the 
poll book. 

Q. Accounted for all of them. Mr. Braun and Mr. Russell helped you with this 
count? — A. Yes. 



92 BEAKES VS. BACON. \ 

Q. Mr. Braun spells his name B-r-a-u-n? — A. Yes, sir. 
Mr. Brown: That is all. 

Gross-examination by Mr. Miller: 

Q. You say you put all the ballots into the small boxes? — A. If I remember right, 
we did. 

Q. And then you took the small boxes back down to the city hall. — A. Sealed them 
up and then took them down, but there was one of the small boxes that was not right, 
something the matter with the cover, and I think they placed a notice in the bottom, 
but the inspectors came right down with the box. 

Q. At that time the inspectors brought the small boxes right down with all the 
ballots? — A. Yes, sir. 

Q. Weren't any of the ballots left in the booth at all? — A. Not that I know of. 

Q. You are positive about that, are you? — A. I would not swear that they brought 
them all down, but I didn't see any there. We locked up and quit. 

Q. As a matter of fact, don't you know that the ballot box containing the State and 
county ballots never got out of that booth at all, and it was found there on March 6 
with the cover off? — A. I didn't know that. 

_Q. It was found there. It was never brought down to the city hall? — A. Well, I 
didn't swear that it was. 

Q. When did you leave the booth? — A. I left the booth at 3 o'clock the afternoon 
of lie following day. 

Q. Were the ballots still there when you left the booth? — A. No, sir; the men had 
called for the boxes. 

Q. The men had called for them and gone away? — A. Yes, sir. 

Q. How did those ballots get back there to that booth then after they went away? — ^A. 
I don't know. 

Q. The city clerk foimd the ballot box with the cover off and the ballots in on Marct 
6 A^hen he went to get the booth ready for the March primary? — A. I didn't know that 
there had been any left there. 

Q. That would not indicate that the election board was very competent, would it? — 
A. Well, in that case, it would not; no. 

Q. That being the case, do you still testify that the ballots were taken from the 
booth and taken to the city hall? — A. 'Well, according to your statement of it, not all 
them were. 

Q. Do you know whether any of them were or not? — A. Yes, sir. 
_ Q. Do you know whether any of the State and county ballots were taken? — A. Yes, 
sir; I know that some were. 

Q. You do know that some were? — A. Some were. I supposed all of them were. 

Q. You don't know now; you don't know how many? — A. No, I don't know how 
many, but I know some boxes with ballots in were brought down. 

Q. You testified that you and Frank Russell and Clarence M. Braun initialed the 
ballots. What else did you put into that— into the ballot box after the ballots were 
counted? — A. After the ballots were counted? 

Q. Yes. — 'A. I don't remember whether the books were put into the ballot box or 
not. 

Q. What did you do with the unused ballots? — A. The unused ballots were re- 
turned, if I remember right. 

Q. You are sure you didn't leave the unused ballots in the booth? — A. I could not 
swear. 

Q. Might have been and might not. — A. What is that? 

Q. They might have been and might nqt. — A. I don't remember whether they 
were or not. 

Q. Who was chairman of the board? — A. Mr. Russell. 

Q. He any relation to the judge of probate? — A. Not that I know of. 

Q. Did you go to the city hall with the ballot boxes?— A. No, sir; but Mr. Russell 
•did, I think. 

Q. Mr. Russell was the man that took them? — A. Yes, sir. 

Mr. Miller. I guess that is all. 

CLARENCE M. BRAUN was called as a witness on behalf of the contestant, and 
being first duly sworn, was examined and testified as follows: 

Direct examination by Mr. Brown: 

Q. Mr. Braun, you were one of the election inspectors in the second precinct of the 
sixth ward? — A. I was. 

Q. November, 1916, election, and were you there when the polls opened in the 
morning? — A. Yes, sir. 



BEAKES VS. BACON, 93 

Q. And when they closed at night?— A. Yes, sir. 

Q. Did you assist in counting the ballots?— A. Yes, sir. 

Q. And in making the retum?^A. Yes, sir. 

Q. How many ballot boxes did you have there for your use there that day, if you 
remember? — A. We had one large one to put them in; all of them, in the first place, 
and I think it was two small ones we put them in afterwards, after they were counted. 

Q. After they were coimted; but you had one large one to put all the ballots in? — 
A. To put them all in. 

Q. How many different sets of ballots did you have? — A. I think we had nine, if 
I remember right. 

Q. Who initialed the ballots in your precinct? — A. Why. Mr. Dailey initialed most 
of them. I think there were a couple of them. I initialed some myself. 

Q. About how many did you initial?^A. Well. I could not tell; just to help out. 
We got up against it; they were coming so fast, didn't have a chance to initial them. 

Q. You initialed some?^ — A. I initialed some. 

Q. Did anybody else initial any? Did Mr. Russell initial any? — A. I think he 
did. 

Q. Now, after the polls closed, did you remove the ballots from the large box that 
they were placed in when they were voted? — A. Yes, sir. 

Q. Did you count those ballots? — A. Yes, sir. 

Q. Did the ballots found in the box correspond with the number of names on the 
polllist?— A. It did. 

Q. Do you remember about how many votes were polled — cast in that precinct? — 
A. The total? 

Q. The total; yes, sir; on the State, county, and congressional. — A. Well, I think 
we had 577; somewheres around there. 

Q. Five hundred and seventy-seven ballots? — A. Yes, sir. 

Q. Now, did you notice that day the labels on the boxes that were used; what 
precinct and ward they were labeled? — A. I took no particular notice of that; didn't 
notice them; no, didn't pay any attention. 

Q. Do you know whether or not the second precinct had any of the third precinct's 
boxes, or not? — A. I don't. 

Q. You didn't notice it? — A. No, sir. 

Q. Was there anything said there that day by the board that you heard about 
there being a box there that belonged to the other precinct? — A. Nothing mentioned 
that I heard. 

Q. Could you identify the ballots that were polled or cast in your precinct that 
day by the initials now? — A. I tliink so. 

Q. You would do it by the initials? From the initials, you would be able to identify 
the ballots? — A. Yes, sir. 

Mr. Brown. I tliink that is all. 

Mr. Miller. No questions for the present. 

FRANK B. RUSSELL was called as a witness by the contestant, and being first 
duly sworn, was examined and testified as follows: 

Direct examination by Mr. Brown: 

Q. What is your full name?— A. Frank B. Russell. 

Q. Were you one of the election inspectors of the second precinct of the sixth ward, 
city of Jackson, at the November, 1916, election? — A. Yes, sir, 

Q. Were you there when the polls opened in the morning? — -A. Yes, sir. 

Q. And when they closed at night?- — A. Yes, sir. The next day. 

Q. And helped count the ballots? — A. Yes, sir. 

Q. How many ballot boxes did you use there that day? — A. Well, on depositing, 
we used the large one; I guess just the large one. 

Q. You put the ballots in the big can? — A. The big iron one. 

Q. High one? Now, how many other boxes did you have? — A. Well, sir, I didn't — 
I couldn't say; I don't know how many. 

Q. Did you have more than one? — -A. Yes; I presume five or six. 

Q. Five or six? — A. Yes; I should think so. 

Q. How did they compare in size with the two boxes we have before you? — A. Well, 
there were some that were smaller, I think. 

Q. Some were smaller? Some like those you see there? — A. Yes, sir; I didn't 
notice any uniformity in the size of the cans at all, but I should judge they were all — 
well, about that size. 

Q. How many ballots did you have — how many people voted there that day? — A. 
Why, there was 570 — I don't remember — five hundred and seventy something. 



94 BEAKES VS. BACON". 

Q. After the polls closed, did you count tlie ballots? — A. Yes, sir. 

Q. Did they correspond with the number of names on the poll list? — A. Yes, sir; 
checked them out; checked out all right. 

Q. Did you initial any ballots there that time? — A. I think I did, a few. 

Q. Who initialed most of them? — A. Mr. Braun initialed most of them. 

Mr. Miller. I think the initials- 
Mr. Brown. Wait a minute. 

Q. Do you remember whether Mr. Braun initialed any?— A. I think he did. I am 
not sure, but I think he is the one who looked after that. 

Q. Did you initial some? — -A. Yes, sir; to help them out; I think I did. 

Q. About how many? — A. I didn't initial very many; probably 150 or 100, some- 
where along there. 

Q. Did Mr. Dailey initial any? — A. Yes, sir. 

Q. Could you identify the ballots that were cast in that precinct at that election 
from those initials? — A. Yes, sir. 

Q. If you saw the ballots?— A. Yes, sir; from my own initials. I don't know 
whether 1 could Mr. Braun's or Mr. Dailey's. 

Q. Now, did you notice whether or not your precinct had any third precinct boxes 
there that day? — A. I didn't notice it. 

Q. You didn't notice it? — A. No, sir, I didn't. 

Q. Did you notice the labels on any of the boxes at all into which you put these 
ballots?^ — A. The lettering you mean? 

Q. Yes. — A. Well, sir, I didn't in particular; no, sir. 

Mr. Brown. That is all. 

Mr. Miller. No questions just now. 

EDWARD J. MELVILLE was called as a witness by the contestant and being 
first duly sworn was examined and testified as follows: 

Direct examination by Mr. Brown : 

Q. You live in the sixth ward of the city of Jackson? — A. Yes, sir. 

Q. Were you one of the election inspectors in the third precinct of the sixth ward, 
city of Jackson? — A. I was chairman of the committee. 

Q. Of the election inspectors of that ward? — A. Yes, sir. 

Q. You served all the time, did you? — A. Yes, sir. 

Q. Were you there when the polls opened? — A. Yes, sir. 

Q. And when they closed? — A. Yes, sir. 

Q. Helped count the ballots? — A. Yes, sir. 

Q. Helped receive them? — -A. Yes, sir. 

Q. Who initialed the ballots in your ward? — A. I did most of them. There were a 
few of them that were initialed by Ed. McVay, and I think Rooney initialed a very 
few, but I think they put my initials on them. 

Q. You think then the ballots of that precinct contain your initials? — A. Contain 
my initials. 

Q. Your initials are what? A. I generally had E. M. on. There has been some at 
the fore part I didn't put E. J. M. on, but at the spring election I had E. M., but I 
could not swear positively whether I put E. J. M. on the ballots last fall or not. 

Q. It was either E. J. M. or E. M.? — A. Yes, sir. 

Q. Either one of them? — A. Yes, sir. 

Q. Do you remember how many persons voted in your precinct? — A. There were 
less than 275; I can't just recall to mind. 

Q. Did you count the ballots after the polls closed? — A. Yes, sir; the ballots were 
counted. 

Q. Did they correspond with the number of names in the poll book? — A. Yes, sir; 
the number of names on the poll book. 

Q. Did you have some spoiled ballots in your precinct, do you remember? — A. Yes, 
sir. 

Q. Do you remember how many there were that were spoiled? — A. No, sir; I could 
not say. " We had some ballots that were took from the — to keep our poll list straight 
with our other ballots. There were several times we had a number of ballots in the 
pile; the people would drop a ballot and sometimes they would get mixed up. We 
would get them and take then in and put them in another box and marked them 
"destroyed." Of course that broke our line of figures with our poll book. There 
were two or three times that we took off from the line of ballots to make them cor- 
respond, so that our poll books would correspond with our ballots — our destroyed 
ballots. Now, there was one time when the stove pipe ran right over where I had 
my table with the ballots. The creosote leaked out on the registration books and all 



BEAKES VS. BACOX. 95 

over the ballots, smeared them. I can't remember just how many we took out of that 
pack and laid them out. 

Q. Then you took them out and marked them on the poll books? — A. Yes, sir — no, 
we didn't mark them on the poll book. 

Q. Did you make any mark A. Yes; we rolled up them in a roll and marked 

them destroyed. 

Q. Did you make any memorandum on the poll book? — A. Yes. 

Mr. Miller. The poll book will show. 

Mr. Brown. The poll book does show. 

Q. Did the ballots in the box correspond with the number of names on your poll 
list? — A. Yes, the congressional ballot; but the others would not because "they was 
mixed up, because some was not voted at all. 

Q. The State and county ballot? — A. Yes, sir. 

Q. Could you identify the ballots that were cast in your precinct last fall by the 
initials on the ballots if you were shown those ballots? — A. Yes, sir, I could. 

Q. I don't remember whether you testified to the initials of the other inspectors, 
if they put them on the ballots? — A. No; I don't think there was any other initials 
on the ballots, only mine. I think they put my initials on them. I told them to 
put my initials on. Of course it would be in a little different hand, but my own initials 
may be in a different hand because I don't do clerical work enough to write a steady 
hand. Maybe I will — I would know it, but somebody else might think it was done 
by somebody else. 

Q. Mr. Melville, did you notice how the box was labeled that you put these ballots 
into after the polls closed? — A. Well, now, I can't really say that I did, but it dawns 
on me that either when the boxes was delivered or when we put the ballots in there, 
it seems as though there was some remark made of the ballot box not belonging to 
om' precinct, but of course I says — I think I made the remark, "Well, it would not 
make much difference, because all going to the same place any way," of course not 
thinking of anything of this kind. We didn't pay any attention to it, but it does 
now dawn on me there was some attention drawn to the box not belonging to our 
precinct. I could not swear to that. 

Q. What precinct did it belong to? 

Mr. Miller. He just said he could not swear to it. 

A. I really could not swear because these other things took it from my mind, but it 
does seem — maybe our attention was called to it at the time. 

Q. If found in a second precinct box, then it is likely that is the kind of a box it 
was? — A. Yes, and it seems as though we spoke about it when they were brought up 
there, but we didn't think anji:hing more of it because we simply had the box there 
we used it. 

Q. What was done with the ballots after they were counted? — A. We counted them 
and rolled them up in the first place in packages and placed them in the ballot box 
on the top of the destroyed ballots. I know our ballot box was as full as we could get it. 

Q. What did you do with the box? — -A. Brought it down here. The police patrol 
came up and got it, McVay, and I, brought us down with the ballot box and deliv- 
ered it to Mr. Vedder. 

Q. How many did you take down there? — A. Just one; got them all in one box. 

Mr. Brown. I think that is all. 

Cross-examination by Mr. Miller: 

_ Q. You didn't put any more ballots in that box than there were cast there? — A. No, 
sir. 

Q. If any came out of that box, it was a ballot voted at that election? — A. Yes, sir. 

Q. As far as you know? — -A. As far as I know. The ballots in the bottom of the box 
were the excess ballots and the destroyed ballots and the ones that had been marked 
up. 

Q. lou put back in the box what the law required you to put in? — A. ^es, sir. 
The tilings we had up there. The tilings we had were tied up in separate packages. 

Q. As far as you know, the election up there was as straight as a string? — A. Yes, sir. 

Q. And the ballots that went into that box at the time it was sealed after the count- 
ing was done there the ones that were cast at that election? — A. Yes, sir. 

Q. And nothing else besides? — A. Yes, sir. I wrapped them up and packed them 
in the box myself. 

Q. And you came down with the box? — A. I came down with the box. 

Q . You saw it delivered to the city clerk? — A . I delivered it to the city clerk myself. 

Q. And got his receipt for it? — A. Yes, sir. 

Q. And delivered the keys at the same time? — A. Yes, sir. 

Q. If the officer had the keys, he delivered them? — A. We had the keys. 



96 BEAKES VS. BACON. 

Q. You had the keys? — A. Yes. sir. 

Q. You delivered those keys? — A. Keys and the seal and our registration books. 

Q. That was done on the 8th of November? — A. On the 8th of November in the 
afternoon. 

Q. In the afternoon of the 8th of November? — A. Yes, sir. 

Q. The box was continuously in your possession and just as soon as you got done with 
the count you carried it down town? — A. Yes, sir. 

Q. And as long as the box was in your possession nothing got into it that should not 
have got into it? — A. Nothing that I know of. 

Q. You put a seal over the slot and lock? — A. Yes, sir, everything was sealed as we 
always have sealed them up. I have worked there for a number of years. 

Q. Didn't anybody come over from the second precinct with a bunch of ballots and 
slip them into the box before you sealed it? — A. I don't believe they did. I didn t 
see anybody around there. 

Q. You didn't see anybody do that? — A. I didn't see anybody do that. Of course 
we got awful tired and sleepy the last thing, but I don't believe we got that sleepy. 

Mr. Miller. I guess that is all. 

Redirect examination by Mr. Brown: 

Q. If the poll book of the third precinct of the sixth ward contained the names of 247 
people as voting, how many State and county ballots were there in the box that you 
delivered to the city clerk? — A. There should have been 240 then. 

Q. 247.— A. Or 247; ye?. 

Q. Now then, did you deliver a box that contained 42 more ballots than 247 at that 
time to the city clerk? — A. I could not say that I did; I could not say that I didn't. 

Q. Do you mean to be understood as saying you can't say right now that that box 
didn't overrun 42 when you delivered it? — A. The box that was taken from the third 
precinct? 

Q. Of the sixth ward. — A. Of the sixth ward? 

Q. Yes. — A. I don't believe it did. To the best of my knowledge, I don't see how 
it could. 

Q. You know, as a matter of fact, there were no excess ballots in that box, do you 
not? — A. No, sir, I could not — not by anything — I don't know of any way it could 
have got in there, but where there are four men on the board — I don't believe there 
was any of the men that would do anything of the kind, but a little mistake might 
occur where such a thing might be done. 

Q. Get 42 votes that did not belong there into your box? — A. Well, it does not look 
reasonable that it could, but at the same time I would not'swear that it didn't. 

Q. If these ballots that we counted contained 42 more votes than there were names 
on your poll list, you can tell, can you not, whether the extra 42 votes were polled in 
your precinct? 

Mr. Miller. Wait a minute. 

A. I can tell my initials. 

Mr. Miller. How can you tell anything 

Mr. Brown. Nevermind; you can cross-examine him afterwards. 

A. If my initials were on those ballots, I would swear that they were cast in our 
precinct, if my initials are on those ballots or any initials, but I can't account for it, 
because I don't know how they got in there. 

Mr. Brown. That is all. 

Re-cross-examination by Mr. Miller: 

Q. From the time that you started in counting the ballots until the time you got 
done counting the ballots and delivered this box down to the city clerk everything was 
as straight as a string. That is your testimony? — A. Yes, sir; the best I know. 

Q. Didn't any ballots get into that box that ought not to have been there? — ^A. Not 
that 1 know of. 

Q. Well, you were in charge? — A. I don't think I was out of the building once. _ 

Q. ^Vhen you took that box from the polling place, you took it directly to the city 
clerk's office? — A. Yes, sir. 

Q. And delivered it to him, and if there has been any crooked work in connection 
with it, it has happened down in the city clerk's office as far as you know? — ^A. So far 
as I know. 

Q. Your testimony puts it squarely up to Mr. Vedder or Mr. Knight. If there has 
been any crooked work in connection with that box it has been done in their officej 
hasn't it? — A. From what I know; yes, sir. 

Q. Because that is the only place the box has ever been since it left the polling place 
in your charge. That is all. 



BEAKES VS. BACON. 97 

Redirect examination by Mr. Brown: 

Q. Mr. Melville, if the second precinct box of the sixth ward was left at the third 
precinct and you put your ballots of the third precinct into the second precinct box, 
then that box was delivered to Mr. Vedder, was it not? 

Mr. Miller. I don't wish to take this man's guesses at such a thing as that. 

Mr. Brown. We are going to show you the ballots. 

Mr. Miller. There is absolutely no tsetimony there was a second precinct box. 

A. I could not swear positively, but I say it does dawn on my mind there was a 
mixup on the boxes at our prgcinct, and our attention was called to it; but to come out 
and swear positively there was I could not swear to it, because the eighth ward had the 
same mixup here and sometimes a little thing like that will drift into your mind ; you 
are thinking about it, the time passing by, not expecting anything to come up, not 
paying any more attention, and for that reason why 

Recross-examination by Mr. Miller: 

Q. (Interrupting.) How do you know the eighth ward had the same mixup? — A. 
What I heard them talk and what I read in the newspaper. 

Q. What did you hear talked? — A. I heard them talking about it the night before 
election. 

Q. The night before what election? — A. The April election. 

Q. The primary election or what election? — ^A. The March — or April 2 election. 
Thxu-sday, I think it was. There was 3 of the election board at the meeting, and 
it was called for the express purpose of putting everybody on their nerve and have 
them try to keep things straight and not have another mixup occur like happened in 
this election. 

Q. Who told you anything occurred in this ward? — A. Nobody told me anything 
occurred; but it was spoken of up there, I can't recall the man who it was, that there 
had been a change made in the ballot boxes in the eighth ward. 

Q. T\Tio said there had been any change? — A. I could not say who said it. 

Q. Who was there? — ^A. I guess pretty near all the members from each precinct. 

Q. Your precinct? — A. Yes, sir. 

Q. Who raised any question about the eighth ward? — A. I don't remember now 
particularly. I was reading the paper there at the time. There was something said 
about the ballot boxes being changed from one precinct to another precinct's ballot 
boxes. 

Q. All you know about this matter of these ballot boxes is what somebody else told 
you? — A. Yes, sir; and newspaper talk. 

Q. Of your own knowledge, you don't know anything about it? — A. I could not 
say, only what I heard and from what I read, and sometimes a little thing like that — ■ 
it does dawn on me 

Q. What is it that dawns on you? — ^A. That possibly a second precinct box was 
delivered to us. 

Q. Was there? Did you see one? — A. I can't remember now. 

Q. Then your testimony is, you don't know whether that happened or not? — ^A. I 
could not say whether it happened or not, to be positive. 

EDWARD A. McVAY was called as a witness by the contestant, and being first 
duly sworn, was examined and testified as follows: 

Direct examination by Mr. Brown: 

Q. Mr. McVay, you live here in Jackson City? — A. Yes, sir. 

Q. How long have you lived here? — A. Eight years. 

Q. On November 7, 1916, did you act as one of the election inspectors of the third 
precinct of the sixth ward of this city? — ^A. Yes, sir. 

Q. Were you there in the morning when the polls opened? — A. Yes, sir. 

Q. Were you there at night when they closed? — A. Yes, sir. 

Q. Were you there the next day when the count was finished? — A. Yes. 

Q. Helped all through the election? — A. Yes, sir. 

Q. How many ballot boxes did you have at that time? — A. "V^Tiy, I am not positive; 
but I think there was three. 

Q. Three ballot boxes? — ^A. Yes, sir. 

Q. How did the ballot boxes that you had there compare in size with these you see 
before you, if you remember? — A. Well, I am not positive. I think we had two like 
that and one larger one. 

Q. Do you remember about how many votes you had in that precinct at that 
time? — ^A. Two hundred — in the neighborhood of thirty. I don't remember the 
exact number. 

96694—17 7 a . 



98 BEAKES VS. BACOl^. 

Q. Did you count the ballots, State and county ballots, after the polls closed? — ■ 
A. How is that? ^ 

Q. Did you count the ballots after the polls closed? Did you count the number of 
ballots in the box to see whether they compared with the poll list? — A. Yes, sir. 

Q. Did the ballots compare with the poll list? — A. Yes, sir. 

Q Who initialed the ballots in that precinct? — A. Mr. Melville. 

Q. AVho?— A. Mr. Melville. 

Q. Were all the ballots initialed with his initials? — A. Yes, sir. 

Q. AH the ballots that were voted there? — A. I think they were, while I was there. 

Q. As you remember it, he was the only one that initialed ballots; or if anybody else 
did they used his initials? — A. Yes, sir. 

Q. Could you identify the ballots? — A. I think I could. 

Q. From those initial's? — A. Yes, sir. 

Q. That were voted there that day? — A. I think I could. 

Q. Do you remember whether — of noticing how the boxes were labeled that you 
used there that day? — A. If I remember right, we had one box that was — that didn't 
belong to our precinct, but we had to use it. 

Q. You had one box that didn't belong to your precinct? — A. It seems to me, if my 
memory serves me right, we did have one for the sixth precinct but some other pre- 
cinct; I don't know what it was. 

Q. You said sixth precinct. You mean sixth ward? — A. Sixth ward. 

Q. Some other precinct. Do you remember any talk there that day by the in- 
spectors? — A. It occurs to me that Mr. Melville spoke to some of the officials who came 
up there that morning after we got started, along about 9 o'clock. 

Q. Is your memory very good about that? — A. What? 

Q. Is your memory very good about that? — A. Not positive; I could not swear pos- 
itive, but I have a faint recollection of something of that kind. 

Q. That you people had a box from another precinct? — A. Our ward and another 
sixth ward precinct, but if I remember right it was 

Q. (Interrupting.) After the polls closed and after you finished your count, what 
was done with the ballots? — A. They were counted and put into the box and sealed up. 

Q. Then what did you do with the box? — A. Brought it down town. 

Q. And delivered it to whom? — A. Mr. Vedder. 

Q. The city clerk? — A. Yes, sir. 

Q. Who went with the box to the city clerk? — A. Mr. Melville and I. 

Q. Mr. Melville and yourself? — A. Yes, sir. 

Mr. Bkown. That is all. 

Cross-examination by Mr. Miller: 

Q. How many boxes did you put the ballots into after they were counted? — A. Well, 
I could not say positively as to that. I think there were two, but I could not say posi- 
tively whether any more than that or not. 

Q. Didn't you get them all into one box? — A. I could not say. 

Q. You don't remember? — A. No, sir. 

Q. Who has talked to you about this election? — A. How? 

Q. Whom have you talked to about this- since election? — A. I don't know as I have 
talked to anybody. 

Q. Haven't talked to anybody? — A. No, sir. 

Q. Anyiaody talked to you about it? — A. Why, nothing more — -no, I don't remember 
who it was since I came up here. 

Q. Talked with Mr. Melville about it?— A, No, sir. 

Q. Talked with Mr. Ziegin about it?— A. Mr. Who? 

Q. Mr. Ziegin? 

Mr. Brown. This gentleman here. 

A. No, sir. 

Q. Haven't talked to liim? Are you on the board now? — A. No, sir; I didn't serve 
last time. 

Q. Read any newspaper articles about this? — A. Yes, sir. 

Q. About this election contest?— A. Yes, sir. 

Q. Do you remember reading an article in wliich something was said about switching 
the ballot boxes between one precinct and another? — A. I don't remember. 

Q. You were talking in here with Mr. Brown when I came here into the room this 
morning about this matter. — A. How is that? 

Mr. Brown. Talking with me, he says. 

A. I don't know as I had any conversation. 

Q. You were sitting right in front of him, not 3 feet away, when I came into the 
room, and the subject of the conversation was the discrepancy in the count of the 



BEAKES VS. BACON. 99 

A'Otes in the second of the sixth and the third of the sixth, wasn't it? — A. I don't 
know there was a discrepancy. 

Q. You were talking about the votes in the second and tliird of the sixth. — A. We 
was talking about the ballot boxes. 

Q. And the ^'ery tiling you were talking about was a possible switch of the ballot 
boxes between these two precincts? — A. I didn't talk anytliing about it. 

Q. Well, he did. That was the subject of the conversation there in that crowd of 
six or seven people this morning, wasn't it? — A. I think it was. 
Q. Wasn't it?— A. Yes. 

Q. Well, now, why did you tell me when I asked you at the go-off that you hadn't 
talked with anybody about it? — A. I hadn't said anytliing about it. 
Q. What? — A. I hadn't said anything about it. 

Q. Somebody else said something to you? — A. I was sitting over there. 
.Q. You were taking part in that conversation. — A. I didn't feel I was unless I said 
sometliing. 

Q. You heard a possible explanation that was advanced in tliis room this morning? — 
A. Yes, sir. 

Q. Didn't you? — A. Yes, sir. 

Q. A portion of that possible explanation that was advanced was that there might 
have been a switch in the ballot boxes in the second and third precincts. — A. Yes; 
might have been . 

Q. Now, as a matter of fact, Mr. McVay, that was the first time you had ever heard 
of any such switcliing of the boxes or anything of that sort, wasn't it? — A. Yes, sir. 
Q. The first time you ever heard of it? — A. Well, the best of my knowledge, if my 
memory serves me right, when you bring the matter up, it seems to me I do remember. 
Q. The fact of the matter is that if it had not been for that talk over there that you 
heard this morning the subject would never have crossed your mind at all. — A. I 
never gave it any thought. 

Q. And from the time of the election on November 7 right down to the present time 
until you heard that talk, it never crossed your mind at all that there was any possi- 
bility of there ha\ing had a second precinct box used in the tliird precinct? — A. Well, 
I don't know; if been called to my mind I might have remembered it. 

Q. Well, now, as a matter of fact, you have no distinct recollection of that now, 
have you? — A. Well, I say I could not take — swear to it. 

Q. You don't wish to be understood as swearing that you remember that there was 
a second precinct box used in the third precinct of the sixth ward? — A. No, sir; I 
could not swear to it. 
• Q. You don't swear to that; you don't testify to it? A. No, sir. 

Q. Now, Mr. Melville testified that after the ballots were counted they were all 
of them put into one box. — A. Well, I didn't put them in; I coiddn't swear. 

Q. Well, now, that is — you don't question the accuracy of his testimony in any 

way on that point, do you? — A. No, sir; I don't. 

Q. Did you accompany him to the city clerk's office with those ballots? — A. yes, sir., 

Q. There weren't any ballots put into that box after the ballots were counted 

except those that were voted by the voters of that precinct, were there? — A. I don't 

get you. 

Q. There weren't any ballots except lawfully voted ballots that were put into that 
box? — A. Not to my knowledge. 

Q. Outside of course of the unused ballots and the spoiled ballots. In other words, 
every ballot that was marked by a voter that went into that box as far as you know was 
a ballot that was actually marked by a man that was entitled to vote in that precinct? — 
A. Yes, sir. 
Q. Didn't anything else get into the box except such votes? — A. So far as I know. 
Q. So far as you know, everything about the conduct of the election in the third 
precinct of the sixth ward was straight as a string? — A. Yes, sir. 

Q. And the coimting of the ballots? — ^A. Yes, sir; corresponded exactly with our 

Q. (Interrupting.) When you got done with coimting the ballots, j'-ou put the 
ballots into the box and carried it to the city clerk and turned it over to the city 
clerk? — A. Yes, sir. 

Q. And that is all you know about it? — ^A. That is all I know about it. 
Q. If there is any discrepancy in the count of those ballots or anything wrong or 
any more ballots in the box than ought to be, as your testimony stands, it is up to the 
city clerk. — A. As far as I know, I don't know of any other ballots going in there; I 
don't know how they got there. 

Q. If any other ballots are in that box as coming from your precinct that-should not 
be there they found their way into the box after they left the hands of your board? — 
A. Yes, sir. 
Q. That is your testimony? — A. Yes, sir. 



100 BEAKES VS. BACON. 

Q. Because notliing went into the box so far as the board was concerned, while 
it was in possession of the board, except what they had a right to? — A. No, sir. 
Mr. Miller. I think that is all. 

Redirect examination by Mr. Brown : 

Q. The ballots that you put in the box corresponded in number with the names on 
the poll list? — A. Yes, sir. 

Q. Exactly? — A. Exactly, except the destroyed ballots we had destroyed by 
cresote. 

Q. But those that were counted corresponded exactly with the number on the 
poll list? — A. Yes, sir, to my recollection. 

Q. And the spoiled ballots were marked "spoiled ballots. " — A. Yes, sir. 

Q. And if the box that the representatives of the respective parties were given to 
count as the third precinct of the sixth ward ballots contained 42 more ballots than 
were polled in the third precinct of the sixth ward, then the chances are we were 
given the wrong box. Isn't that true? — A. I don't see any other way. 

Mr. Miller. I don't see how Mr. McVay can know anything about it. 

Q. You know positively there were no 42 extra ballots in the box? — A. Yes, sir; 
I do. 

Q. And you know you can identify your ballots? — A. Yes, sir. 

Q. By your initials. — A. My own ballots I can. Anybody's else ballots I can't 
tell them. 

Mr. Brown. That is all. I ask these five witnesses who have just been sworn to 
examine the ballots contained in the ballot box that is labeled on the outside "Third 
precinct of the sixth ward " and that the representatives of these parties counted as 
ballots from the third precinct of the sixth ward of the City of Jackson and tell us 
whether or not those ballots were cast in the third precinct of the sixth ward at the 
November, 1916, election. 

Mr. Miller. I won't consent to it. I will not consent to any such proceeding. 
The only proceeding I will take part in will be a proceeding in which the ballots are 
produced before a congressional committee. The ballots themselves are the best evi- 
dence of what they show. 

Mr. Brown. I will consent that these ballots after these witnesses have examined 
them may be attached to the return and forwarded to Washington for examination. 
There are only 289 of them, and I want these witnesses to examine them and identify 
the ballots. It is my claim that not one of these ballots were cast in the third precinct 
of the sixth ward. I claim that the ballots which I am now about to take from a 
Jackson city ballot box, labeled on the outside, "Third precinct of the sixth ward" 
are the identical ballots that were placed in the box by myself with the consent of 
A. J. Sawyer, representative of the returned member, and have been in the possession 
of the city clerk of the city of Jackson since that time, who sealed the boxes on that day 
and kept them ever since. I would like you to consent that I would so testify if 
called as a witness or let me be sworn. 

Mr. Miller. I will concede that you believe them to be the ballots. 

Mr. Brown. Will you consent if I was called I would so testify? 

Mr. Miller. I will concede you would so testify, but I won't concede they are the 
same ballots or they are in the same condition. I think the situation and the election 
here in the city of Jackson is such that nothing is certain .about any precinct. 

Mr. Brown. I will recall the city clerk, Vedder, and his deputy to further testify 
with reference to the custody of these ballots since that time. I am taking from the 
ballot box of the third precinct of the sixth ward of the city of Jackson ballots which I 
offer in evidence and ask to be returned as a part of our testimony. 

Mr. Miller. Also let the record show that these ballots were taken from the ballot 
box. 

Mr. Brown. Yes, that is what I said. Now, gentlemen, I would like you to 
examine these ballots and coimt them so you can be able to testify how many ballots 
there are in tliis box and from what precinct — ^in what precinct they were voted. 

(The five witnesses thereupon proceeded to examine and count the ballots taken 
from the box.) 

EDWARD A. McVAY recalled for further examination by Mr. Brown. 

Q. Have you just examined the ballots taken from tliis box? — A. Yes, sir. 

Q. How many ballots are there? — A. 289. 

Q. Were any of those ballots cast in the tliird precinct of the sixth ward of the city 
of Jackson at the November, 1916, election in the third precinct? — A. No, sir; I don't 
think they were. 

Q. You just examined them, didn't you? — A. Yes, sir. 



BEAKES vs. BACON. 101 

Q. Were tliey or were tliey not? — A. They were not. 

Mr. Brown. Tliat is all. Do you want to ask him any questions, or do you decline 
to take part in it? 
Mr. Miller. I won't take any part in tliis. 

EDWARD J. MELVILLE recalled for further examination by Mr. Brown. 

Q. You have just examined the ballots that were taken from the box labeled "Third 
precinct of the sixth ward" have you? — A. Yes, sir. 

Q. And examined each ballot? — A. Yes, sir. 

Q. Were those ballots cast in the third precinct of the sixth ward of the city of 
Jackson? — A. No, sir; they weren't. 

Q. Did you count the ballots? — A. Yes, sir. 

Q. How many were there? — A. There were 289. 

Mr. Brown. That is all. 

Mr: Miller. Where were those ballots cast? — A. I could not swear. 

FRANK B. RUSSELL recalled for further examination by Mr. Brown. 

Q. Have you just examined the ballots taken from the box labeled "Third precinct 
of the sixth ward, city of Jackson?" — A. Yes, sir. 

Q. Examined all of the ballots? — A. Yes, sir. 

Q. Were those ballots cast in the third precinct of the sixth ward of the city of 
Jackson? — A. They were not cast in the tliird precinct. 

Q. Where were those ballots cast? — A. In the second precinct of the sixth ward, 
every one of them. 

Q. Those ballots are initialed with what initials? — A. Mostly mine. I initialed 
more than what I thought I had. 

Q. Mostly yours? — A. The reason I initialed so many, the way the pile stood right 
next to me on the table, and it was handy for me to initial them. Mr. Dailey initialed 
most of the others. 

Q. Those ballots were cast where? — ^A. In the second precinct of the sixth ward. 

Q. City of Jackson? — A. Yes, sir. 

Q. Absolutely sure of that? — A. Yes, sir. 

Q. How many of them are there? — A. Two hundred and eighty-nine. 

Q. And you just counted them? — A. Yes, sir. 

Mr. Brown. That is all. 

CLARENCE M. BRAUNN recalled for further examination by Mr. Brown. 

Q. Have you just examined the ballots that have been taken from the box labeled 
"Third precinct sixth ward city of Jackson?" — ^A. I have. 

Q. Examined each ballot? — A. Yes, sir. 

Q. Where were those ballots cast? — A. Second precinct of the sixth. 

Q. When?— A. Last fall. 

Q. Do you remember the date of election? — A. Second Tuesday, I think, in Novem- 
ber. 

Q. It was in the November election any way? — A. Yes, sir. 

Q. Did you count those ballots? — A. Yes, sir. 

Q. How many are there? — A. Two hundred and eighty-nine. 

Q. Were any of those ballots cast in the tliird precinct of the sixth ward of the city 
of Jackson? — A. No, sir. 

Q. By whom are those ballots initialed?— A. Myself and Mr. Russell and Mr. Dailey. 

Mr. Brown. That is all. 

ALBERT L. DAILEY recalled for further examination by Mr. Brown. 

Q. Have you examined the ballots that have just been taken from the box labeled 
"Third precinct of the sixth ward city of Jackson?" — A. Yes, sir. 

Q. Counted them? — A. Counted them. 

Q. Were any of those ballots cast in the third precinct of the sixth ward of the city 
of Jackson? — A. No, sir. 

Q. Where were those ballots cast? — A. In the second precinct of the sixth ward. 

Q. And counted there? — A. And counted there. 

Q. How many are there? — A. Two hundred and eighty-nine. 

Q. Now, on the outside of one of these ballots, gentlemen, is written "155 straight 
Republican." Any of you gentlemen write that? 

Mr. Russell. That is mine. I wrote that. 



102 BEAKES VS. BACOISr. 

FRANK B. RUSSELL recalled for further examination by Mr. Brown. 

Q. On the outside of that is wi'itten the words and figures "155" then the words 
"straight Republican." Whose handwriting is that? — A. It is mine. 

Q. When did you put that on that ballot? — A. At the recount — that is, after we 
counted, after we counted the ballots. 

Q. After you counted the ballots on the 7th of November, 1916? — A. Yes, sir. 

Q. You were one of the inspectors in the second precinct of the sixth ward? — A. 
Yes, sir. 

Q. And you had in that precinct 155 straight Republican votes? — A. Yes, sir; two 
or three of us counted it, so that I think would verify it. 

Mr. Brown. Now, gentlemen, I would like you — I want to show you the ballots 
in this other box. I would like to have you take from these ballots, if you can, the 
ballots that were cast in the third precinct of the sixth ward. Now, Mr. Miller, I 
would like you to consent that Mr. Zeigin and I be sworn about putting these ballots 
in the box, so no question will arise between you and I hereafter about it. 

Mr. Miller. I just consent you be sworn. ' I will waive the notice; yes. 

Mr. Brown. I would like you to waive notice and be sworn. 

ARTHUR BROWN, being sworn as a witness for the contestant, testified as follows; 

Upon the recount of the liallots of the city of Jackson taken by the returned mem- 
ber, the ballots that have just been examined by these five witnesses and testified 
to were taken from the box or boxes produced by the city clerk, Vedder, that were 
labeled third precinct of the sixth ward of the city of Jackson. Those ballots were 
counted by Mr. Sawyer and Mr. Wall, representing the returned member and Mr. 
Zeigin and myself representing the contestant and found to contain 42 more votes 
than there were names on the poll list. After the count, we replaced the ballots 
in a box that I think is the box that they have just 1 een taken from and delivered 
them to the city clerk, Vedder, with the request that he seal them up and keep them 
in exactly the same condition as when delivered to him to be produced at a time 
when it was proper for contestant to offer re\uttal testimony. That the ballots that 
were found in the boxes lal^eled second precinct of the sixth ward and in a box that 
was said to have been found open in the second precinct of the sixth ward were taken 
from those boxes and counted by the same persons and were found to be 42 votes 
short. Those ballots were placecl in a box and delivered to the city clerk, Vedder, 
with the request that he seal them up and retain them for future use. 

I want the returns to show that I am placing these ballots back in the box from 
which I have just taken them except the one that has been marked as "Contestant's 
exhibit," and that I am going to ask the city clerk to preserve them until the election 
contest between Mr. Beakes and Mr. Bacon has been decided. 

DANIEL M. ZEIGIN was sworn as a witness for the contestant and, Ijeing exam- 
ined, testified as follows: 

Direct examination by Mr. Broavn: 

Q. Mr. Zeigin, you live here in the city? — A. Yes, sir. 

Q. You have lived here for some time? — A. Twenty-four years. 

Q. Held any official position in the county? — A. Yes, sir. 

Q. What? — A. County treasurer. 

Q. For how many years? — A. Four years. 

Q. Hold any position in the city now? — A. Yes, sir. 

Q. What? — A. Timekeeper, city of Jackson. 

Q. You have held that position how long? — A. Nine months. 

Q. Were you employed to assist in the recount of the ballots in certain counties 
of the second congressional district by Mr. Beakes's representative? — A. Yes, sir. 

Q. Were you present when the lox or boxes claimed to contain the ballots from 
the second and third precincts of the sixth ward of the city of Jackson were opened 
and recounted? — A. Yes, sir. 

Q. A recount of the ballots claimed to have 1 een cast in the second precinct of 
the sixth ward showed what? — A. Showed a shortage according to the poll book of 
42 votes. 

Q. And the ballots claimed to have 1; een cast in the third precinct of the sixth 
ward showed what? — A. Showed 42 more votes than the poll book showed — 42 more 
ballots. 

Q. The poll book of the third precinct of the sixth ward showed how many names? — 
A. 247. 

Q. Were you present when those ballots were counted? — A. Yes, sir. 



' * ^ BEAKES VS. BACON. ^ 103 

Q. How many ballots die! we find claimed to have been cast in the third precinct 
of tlie sixth ward? — A. Two hundred and eighty -nine. 

Q. What was done witli those ballots after they were counted? — A. They were 
■placed in the b allot box marked ' 'Third precinct of the sixth ward . ' ' 

Q. City of Jackson? — A. City of Jackson, and delivered to the city clerk. 

Q. Was that done in your presence? — A. Yes, sir. 

Q. Were you present to-day when those ballots were taken out? — A. Yes, sii'. 

Q. Did you see them counted? — A. yes, sir. 

Q. How' many were there? — A. Two hiindred and eighty-nine. 

Q. And they were initialed by .whom? — A. Most of them by F. B. R. — Frank B. 
Hussell. 

Q. An inspector from what precinct? — A. Second precinct. , 

Q. And those that were not initialed by Russell were initialed by whom?— A. 
C. M. B. and A. L. D. 

Q. Other inspectors from what precinct? — A. Second precinct. 

Q. What was done with the ballots after the Bacon recount that were claimed to 
have been cast in the second precinct of thevsixth ward? — A. They were placed in a 
box marked "■ Second precinct sixth ward " and delivered to the city clerk. 

Q. What request was made of the city clerk when those were delivered? — A. That 
he preserve them like they are and seal the Inoxes. 

Q. And do you see that box here or do you see here a box marked " Second precinct 
of the sixth ward? " — A. Yes, sir. 

Q. Do you remember how many ballots were placed in that box? — A. Five hun- 
dred and thirty-five. 

Q. Did you help to count them at that time? — A. Yes, sir. 

Q. And figure them up?— A. Yes, sir. 

Mr. Browx. Now, I ask these witnesses, these five witnesses, to examine these 
ballots, which I claim are 535 in number and taken from a box labeled "Second pre- 
cinct sixth waTd, city of Jackson," and count the ballots in there, examine the ballots 
and count them and tell us whether or not those ballots were polled in the second pre- 
cinct, cast in the second precinct of the sixth ward, and if not how many there are 
there that were not so cast. 

(The witnesses then proceeded to examine and count the ballots.) 

Cross-examination hy Mr. Miller: 

Q. Mr. Zedgin, did yom take any part in the election for Congress? — A. Yes, sir. 

Q. You were a supporter of Mr. Beakes? — A. Yes, sir. 

Q. Your work extend outside of Jackson County? — A. Yes, sir. My work now? 

Q. Did your work diuing the election extend outside of Jackson County? — A. Yes, 
sir. 

Q . What :part of the disti-ict did you cover? — A. Well, I was almost over the — around 
the county. 

Q. Almost around Jackson County? — A. In almost all the townships of the county. 

Q. Go outside of Jackson Coimty at all? — A. Not before election. 

Q. Now, in Lenawee County, Mr. Gillen — that is the name, isn't It — was quite active 
in supporting Mr. Beakes's candidacy? — A. I don't know that he was. 

Q. You don't know. You found out since by reports from Adrian? — A. Yes, sir. 

Q. He was supporting him as a matter of fact? — A. Yes, sir. 

Q. And in Washenaw County Mr. Abbott was pretty active? — A. Yes, sir. 

Q. Gillen is postmaster at Adrian? — A. Yes, sir. 

Q. Mr. Abhott is postmaster at Ann Arbor? — A. Yes, sir. 

Q. And do you happen to know — do you happen to know the name of the post- 
master at Bellville. in Wajoie County? — A. No; I don't know him. 

Q. Do you recollect, Mr. Zeigin, a few days before the election was held that certain 
handbills appeared in Jackson County purporting to be a translation of an article that 
was printed and published in some German newapaper in Ann Arbor? — A. Yes, sir. 

Q. Did vou handle any of those handbills? — A. No, sir. 

Q. \\Tio did?— A. I could not tell you that. 

Q. What was the nature of the handbill? What did it say, as nearly as you can 
recollect? — A. Said something that he was a wet man, that he was for the Germans, 
and would vote for anything in favor of the Germans when in Congress; the one I saw. 

Q. That purported to be a translation of an article that was published in a German 
paper in Ann Ai-bor? — A. Some paper in Washtenaw County. 

Q. Published by a man by the name of Helber? — A. I don't know who published it. 

Mr, Miller. That is right? 

Mr, Browx. E. J, Helber. 



104 BEAKES VS. BACON. 

Q. And that handbill further stated on its face that it was an article that was pub- 
lished under the authority of Mr. Bacon, didn't it? — A. I think it did; something like 
that. 

Q. That was widely circulated in Jackson County? — A. Yes, sir. 

Q. And it was circulated in the interest of Mr. Beakes's candidacy? — A. Yea_, sir. 

Q. And used with great effect. It was used with great effect in favor of his can- 
didacy? — A. I don't know what effect. 

Q. What is your opinion? 

Mr. Brown. I object to this opinion. 

Mr. Miller. All right, you got your objection. 

A. I don't think it did much good. 

Q. You don't think it did Mr. Bacon much good? — A. Mr. Beakes. I don't think 
it did Mr. Beakes very much good. 

Q. Mr. Zeigin, didn't you tell me in Adrian the other day that the circulation of 
that circular, the publication of that article, cost Mr. Bacon hundreds of votes. — A. I 
don't think I did. I think I said it helped Mr. Beakes. 

Q. You think you said it helped Mr.' Beakes. Helped Mr. Beakes?— A. Yes. 

Q. Now, do you know whether or not that article was published with Mr. Bacon's 
authority? — A. No; I don't. 

Q. I don't suppose you have any knowledge on that point at all; Was it a fact that 
that article was commented uponln the newspapers in Jackson County? — A. I can't 
say that it was; I don't remember that it was. 

Q. It is a fact, however, that it was strongly commented upon in at least one of the 
newspapers that was published in Adrian, in Lenawee County? — A. I didn't see that 
paper. 

Q. Well, you know by conversation and by common report that was the case. A. I 
think I heard that over in Adrian. 

Q. Well, that Avas a subject of conversation over in Adrian with Adrian people. 
Now, what particular wards in Jackson are most largely what you might call railroad 
wards? — A. The sixth ward. 

Q. The sixth ward is particularly a railroad ward? — A. Yes. 

Q. How about the seventh? — A. Not so much. Quite a few railroad people over 
there, but not so much as the sixth. 

Mr. Miller. I guess that is all. 

Redirect-examination by Mr. Brown: 

Q. Do you know, Mr. Zeigin, whether Mr. Bacon ever took the pains to deny the 
authenticity of that so-called German article, circulated and printed? — A. I never 
saw any article to that effect. 

Q. Bacon was sort of proud of it, wasn't he? — A. I believe he was. 

Q. What, if anything, was said during the election about Mr. Bacon using large 
sums of money to promote his election here in the city of Jackson? — A. That was quite 
frequently commented on. 

Q. And about how large were the sums? — A. Why, a thousand dollars one fellow was 
telling about. Another fellow was telling about |2,900. 

Q. Was that town talk around the streets, street talk? — A. Quite so; yes. 

Mr. Brown. I think that is all. 

RecrosS-examination by Mr. Miller: 

Q. Of course, you don't know, Mr. Zeigin, that Mr. Bacon immediately upon learn- 
ing of the ch'culation of this article served notice upon Mr. Beakes that the article was 
absolutely unauthorized by him and he would hold liim responsible for the conse- 
quence? — A. No; I don't know that. 

Q. You don't know that was a fact? — A. No, sir. 

Q. Nobody representing Mr. Bacon ever told you that? — A. No. 

Q. Did you ever see any of this Bacon money? — A. No, but I almost seen some of it 
one day. I almost saw one hundred of it. 

Q. How much was it you almost saw? — A. One hundred. 

Q. Was it in tens or fives or what? — A. I don't know what it was in. All I had to 
do was to stick my hand out; I remember that. 

Q. You didn't see it? — A. No; I didn't see it. 

Q. And did you ever hear of a political campaign that Avas hard fought where 
there was a candidate who was supposed to have money, where there was not talk 
of the use of money?— A. I never did. It would not be hard fought if there wasn't 
some money. 

Q. And it would not be hard fought if there was not some talk of the use of money 
either? — A. No. 

Q. You don't usually take talk for money? — A. No. 



BEAKBS VS. BACOI^. 105 

THOMAS H. KIGHT was called as a witness for the contestant, and, being first 
duly sworn, was examined and testified as follows: 

Direct examination by Mr. Brown: 

Q. You are the deputy city clerk of Jackson? — A. Yes, sir. 

Q. You are the witness that testified as to the finding of the ballot box of the second 
precinct of the sixth ward in the voting booth of the precinct on Marph 6, 1917? — 
A. Yes, sir. 

Q. And you were present in this room at the time the ballots purporting to have 
been cast in the second precinct of the sixth ward were counted, and Mr. Sawyer 
and several of us were present? — A. I don't think so. I don't think I was here. 

Q. Were you called up here to receive a ballot box? — A. Yes. 

Q. Did you receive a box that was labeled on the outside ''Second precinct, sixth 
ward, city of Jackson," containing a large number of ballots? — A. Yes. 

Q. With a request to do what? — A. To seal it, so I could recognize the box when I 
was called upon to do so. 

Q. And preserve the box? — A. Yes, sir. 

Q. The box was preserved by you, was it? — A. Yes, sir. 

Q. And sent up here this morning? — A. I presume so. I didn't have anything to 
do with bringing them up here this morning. 

Q. You had four boxes down there? — A. Yes, sir. 

Q. This box that you preserved was the box you received here at that time? — A. 
Yes, sir. 

Q. You sealed it up when? — A. AVhy, on that day. I have forgotten the date, 
but the day you gave it to me. I took it right to the office and sealed it up. 

Q. Took it right from here to the office and sealed it up? — ^A. Yes, sir. 

Q. Were those ballots tampered with in any way from that time until the time 
they were brought up here to-daj^? — A. No, sir. 

Mr. Brown. That is all. 

Cross-examination by Mr. Miller: 
Q. You never examined these ballots at all? — A. No, sir. 
Q. Don't know anything about what they showed or didn't show? — A. No, sir. 

CLARENCE M. BRA UN recalled for further examination by Mr. Brown: 

Q. Mr. Braun, have you just counted the ballots— examined and counted the 
ballots that were taken from the can marked "Second precinct, sixth ward?" — ^A. 
Yes, sir. 

Q. Did you examine those ballots? — A. Yes, sir. 

Q. Did you find any ballots in that can that were not cast in the second precinct 
of the sixth ward? — A. Yes, sir. 

Q. How many? — A. I didn't count those. I counted the others. 

Q. You didn't count those, but vou counted the others? How manv did you 
find of the others?— A. 288. 

Q. If there were 289 of the others, it would make 577? — ^A. Yes, sir. 

Q. 577 was the number that was polled in the second precinct of the sixth ward? — 
A. Yes, sir. 

Q. Out of the entire number you found 288 that were really polled in the second 
precinct? — A. Yes, sir. 

Q. I show you the cover of this box, labeled "Third precinct of the sixth ward," 
and ask you to examine it and tell me whether or not you can find the seal of the 
second precinct of the sixth ward still there. I call your attention to that one seal 
there. — A. One there, the second of the sixth. 

Q. There is a seal on there in wax that says right on the face of it, "Second of the 
sixth," does it not? — A. I would take that for— I should take that for a 2; you 
might take it for a 3. There is one that is second, plain. 

Mr. Brown. That is all. 

Recross-examination by Mr. Miller: 

Q. There are parts — on the top of that, there are numbers of one, two, three, four, 
five, six, seven, eight, nine, ten, eleven, twelve, thirteen seals, aren't there? Frag- 
ments of thirteen seals on top of that box, that have been put on it at different times? — 
A. Yes, sir. 

Mr. Brown. And those indicate that they were second precinct seals? — A. Yes, sir. 

Mr. Brown. That is all. 



106 BEAKES VS. BACOI^. 

FRANK B. RUSSELL recalled for further examination by Mr. Brown: 

Q. Have you just examined and counted the ballots that were taken from the box 
labeled "Second precinct, sixth ward? — A. Yes, sir. 

Q. Were those ballots cast in the second precinct of the sixth ward? — A. Yes, sir. 

Q. At the November election? — A. Yes, sir. 

Q. Were they cast there, all of them? — A. Not all of them; no. 

Q. How many did you find that were not cast there? — A. 288 that were cast in our 
precinct. 

Q. And your precinct is the second precinct of the sixth. Was it 288 or 289? — 
A. 288 in the last — that we counted last. 

Q. How many of those were cast in the third precinct of the sixth? — A. 289. 

Q. 288 were cast in the second precinct? — A. In the second precinct. 

Q. Have you examined this seal on the top of the box that is labeled "Third precinct,'^ 
examined those seals to see whether those would show two impressions there in wax 
that show second precinct of the sixth ward? — A. Sixth ward, second. 

Q. Yes; and those are the later impressions, are they not? — A. Yes, sir. 

Mr. Brown. That is all. 

Recross-examination by Mr. Miller: 

Q. How many ballots did you say there were in there that were cast in the second 
precinct? — A. In the last box — the last box we counted? 

Q. Yes. — A. There were 288 votes that belong to the second .precinct of the sixth. 

Q. And how many that belong to the third precinct, 289? — A. That belong to the 
third precinct. Those— I didn't count those; I don't know. 

Q. You didn't count those? Anyhow there are 288 votes of the second precinct 
mixed up with an indeterminate number of the votes belonging to the third precinct? — 
A. Yes," sir. 

Q. Did you mix those ballots up? — A. Did I? 

Q. Yes.— A. No. 

Q. You are in the second precinct? — A. Yes. 

Q. Were any of those votes from the third precinct in your box when it left the- 
booth?— A. No, sir; could not have been. 

Q. How many of your ballots did you leave in an unlocked box in the second pre- 
cinct after the votes were counted?— A. How is that? 

Q. How many of those ballots in the second precinct that you left in the polling 
place after the votes were counted? — A. How many ballots? 

Q. Yes.— A. You mean that were voted? 

Q. Yes. — A. Why, there were 577, as I suppose. 

Q. Did you leave them all in the polling place after they were counted? — A. All 
of these in the same can? 

Q.What happened to them after they were counted?— A. Well, sir, I don't know^ 
they were put in the cans. 

Q. How many of them— how many of them got to the city clerk and how many 
stayed in the booth?— A. They all got to the county clerk's office. 

Q. All got to the city clerk's?— A. All came down to the recorder's office m the 
ambulance. 

Q. Who brought them down there, you or one of the members?— A. One of the 
members of the board. I don't remember which one it is came down there. 

Q. Then it is your testimony that not any of the ballots were left in the polling 
booth in the second of the sixth?— A. If left there, I don't know anything about it. 
I supposed they all went down together. 

Q. You don't know then how many came to the city clerk's office and how many- 
were left in an unlocked and unguarded can in the polling place, do you?— A. Well^ 
I know that those ballots were all cast in that precinct. 

Q. That is not the question. Ybu dop't know how many of those were properly 
preserved and how many were not?— A. How properly preserved? 

Q. They weren't properly preserved if they were left unlocked m the polling place, 
were they?— A. Well, was this can found there these last ballots were m? Was there 
a can found there in the voting booth? . 

Q. I didn't find it, but I am asking you how many ballots were left m the polling 
booth and how many taken to the city clerk's office.— A. Well, sir, I supposed they 
all went down to headquarters. 

Q. You supposed they all did go to headquarters?— A. Yes, sir. . 

Q. And if they did not go, then somebody slipped up that was on that election 
board?— A. It might have been. It might have been put in the wrong can; might be 
some mistake. We had a great deal to do; it was long hours; worked all night and 
all the next day. Of course there might have been some slip in there. 



BEAKES VS. BACON. 107 

Q. You don't know how it happens that these ballots got mixed up? — A. No, sir; 
I don't. 
■ Air. ]\IiLLEE. I guess that is all. 

Redirect examination by Mr. Brown : 

Q. Did you examine a couple of rolls of unused ballots that were just taken from 
the box containing the second precinct ballots? — A. Yes, sir. 

Q. Did you find any unused ballots there that didn't belong to your precinct? — ^A. 
No, sir. 

Q. Can you — did you have booth of those rolls of ballots? — A. No; I had only one. 

Q. There are two of them? — A. Yes, sir. 

Q. Youdon'tknow whether the other roll belonged to the third precinct or not? — 
A. I didn't look that over. I looked over the one that must be the one that came 
from our precinct; there weren't as many left as there were voters. 

Recross-examination by ]\Ir. Miller: 

Q. You don't know either of those rolls of unsued ballots came fi'om either of those 
precincts? — A. Well, the niunbers would verify it. 

Q. There are plenty of numbers in other precincts. — A. The exact number. 

Q. That is the only way— that is the only way you have of telling whether any of 
these unused ballots came from your precinct? — A. Yes; I supposed that would be 
sufficient. 

Q. Merely your judgment as to the exact number? — A. Yes. 

Q. That is the only way — thatistheonly thing you base your opinion on? — A. Yes, 
sir. 

Q.. Outside of that, you don't know whether those unused ballots are the ones that 
were in your precinct or not?— A. I don't know as any way of identifjdng them, I 
am sure. 

Q. There is no way of identifying them, is there? — A. Only by the numbers is all. 

Q. Just the same ballots that were provided for every other precinct in Jackson 
city? — A. Yes. 

Q. And they might just as well have come from any other of the other 28 precincts 
in the city? — A. No; I don't think so, because the numbers would not correspond. 

Q. From anything that appears on the face of the ballots, anything that is a dis- 
tinguishing mark or mark of identification? — A. The numbers would verify it, I think, 
all right. The numbers, exactly the numbers of the unused ballots, would verify it. 

Redirect examination by i\Ir. Brown: 

Q. Just a minute. In the secpnd precinct of the sixth ward, you had 577. — A. 577. 

Q. I show you this bunch of ballots and ask you what is the first unused number 
that is unused on the roll?— A. This one is 578. That verifies it, you see. This is the 
roll that came out of the secorid precinct box. 

Q. I will show you initials on the back side of that. What are they? — A. Those are 
mine, F. B. R. 

Q. When did you put those on there? — A. The day of the election. 

Q. And those ballots were put in your can?- — A. Yes, sir. 

Recross-examination by JVIr. Miller: 

Q. How many ballots of these ballots did you examine?— A. The unused ballots? 

Q. Yes. — A. I have not unrolled it. 

Q. You just looked at one ballot? — ^A. They are surely all there. 

Q. You have testified here. Your testimony is based on the examination you made 
of these ballots. — A. I will bank- — — 

Q. And in examining, you looked at one ballot. 

(Witness proceeds to look at corners of ballots.) 

A. That is all right; that is all straight. 

Q. There is only one ballot in that bunch you can positively identify?— A. 578 
shows it right now. That is the only one that is initialed. 

Q. That is the only one you can identify? — A. Yes. 

Q. Just one ballot? — A. That is the only one I can identify. 

Q. There is no corner on that ballot, is there? 

Mr. Brown. Well, there was. We tore that off. 

Q. There is not now. You don't know whether that was 579 or not? 

Mr. Brown. Yes; it is. 

Q. What is there on there to show it is 579? — A. What is the question? 

Q. What is there on there to show it is 579?— A. What is 579? 

Q. That the ballot on there with your initials is 578 or 579.— A. The corner got 
tore off. 



108 BEAKES VS. BACON. 

Q. Where is the corner?— A.' It is right there. There is 578, is the number. 

Q. That is the next one. The next corner is there. — A. 578 was the number of the 
first ballot that was not used. 

Mr. Brown. That was all there a minute ago. 

Q. That is the only ballot you say you can identify, that is the one with the ini- 
tials?— A. No way of identifying it because that is the only one with my initials on 
it, but I will identify the others because the numbers are there. 

Q. Well, there are lots of other ballots in Jackson city that had the same numbers 
on, weren't there?^ — A. Yes; but they didn't get in there. 

Q. How do you know they didn't? You are just judging from the fact that_ these 
ballots are here now that they were in your voting place in November. That is just 
your inference? — A. No question in my mind but what those ballots were from our 
ward, the second precinct of the sixth ward, unused ballots. 

Q. I don't know how there would be any way of identifying any of those unused 
ballots. There id no way of identifying them, is there? — A. No. 

Q. Therefore you can't identify them? 

Mr. Brown. You did positively identify the first unused ballot, did you not? 

A. Yes, sir. 
■ Mr. Brown. Because it has your initial? — A. Yes, sir. 

Mr. Brown. 578, that being the next one. 

A. Because one, 578, has my initial on it; yes, sir. 

Mr. Brown. That is all. 

Mr. Miller. That is all. 

ALBERT L. DAILEY recalled for further examination by Mr. Brown. 

Q. Have you just examined the ballots taken from the box labeled "Second pre- 
cinct, sixth ward, city of Jackson? — A. Yes, sir. 

Q. Counted the ballots?— A. Yes, sir. 

Q. How many ballots did you find in there that were cast in the second precinct 
of the sixth ward?— A. 288. 

Q, How many that were cast in some other precinct? — A. I didn't count those. 

Mr. Brown. That is all. 

Recross examination by Mr. Miller: 

Q. How did these ballots that were cast in the second — said to have been cast in 
the second precinct of the sixth ward — get mixed up with the ballots of the third 
precinct? — A. I can't account for it. 

Mr. Miller. That is all. 

Redirect examination by Mr. Brown: 
Q. If the inspectors in the second precinct of the sixth ward had a can that was 
marked and labeled "Third precinct of the sixth" and you put them in there that 
would account for it, wouldn't it?— A. That would account for it. 

Recross- examination by Mr. Miller: 

Q. How did the ballots of the third precinct get into the second precinct ballot 
box? — A. They didn't get in there. I don't understand the question. 

Q. I don't understand the situation there.— A. Well, if you will ask your question 
again, I will answer it. 

Q. You were there in the second precinct of the sixth ward? — A. I was. 

Q. Now, a can comes in with the ballots of the second precinct of the sixth ward 
and also the ballots of the third precinct of the sixth ward. Your explanation is that 
your ballots got into the one counted as the third precinct ballots because you had a 
can that was labeled third precinct and not the second precinct. — A. Out ballots 
were counted — ■ — 

Q. (Interrupting.) And then they were put into a ballot box as you say in the second 
precinct, which box was marked third precinct. That is right, isn't it?— A. I didn't 
■say that they were put ■ 

Q. (Interrupting.) Were they?— A. Our ballots were counted and placed in one of 
our own cans with no other ballots, that is in that precinct, before the time it left our 
booth. 

Q. How do you account for the fact the ballots of the two precincts showed up 
here in one box, in the same box? — A. I can't account for it. 

Q. You can't account for it, can you. 

Redirect examination by Mr. Brown: 
Q. If the inspectors in your precinct had a third precinct can and the inspectors in 
the third precinct had a second precinct can and you put a portion of your ballots of 



BEAKES VS. BACON. 109 

the second precinct into one box and another portion in another box and that portion 
in the tliird precinct can came to us as a third precinct can and we mixed them 
together, that would account for it, would it not? — A. The ballots were not mixed 
when they left the booth. 

Q. I don't say they were. At the present time, of course. If you didn't put all 
your ballots into one box — — -A. No. 

Q. You put them into two boxes, and then one of these boxes happened to be a 
third precinct box that accounts for the 288 ballots in the third precinct can, does it 
not?— A. It does. 

Mr. Brown. That is all. 

EDWARD J. AIELVILLE, recalled for further examination by Mr. Brown. 

Q. Mr. Mellville, have you just examined the ballots taken from the can labeled 
"Second precinct, sixth ward"? — A. Yes, sir. 

Q. And counted the ballots? — A. We counted those with my initial on. 

Q. Did you find any ballots in there that were cast in the third precinct of the 
sixth ward? — A. We found ballots with Mr. Russell's initials on that were mixed 
with ours, yes, sir. 

Q. What precinct were you? — A. Third precinct of the sixth. 

Q. Did you count — did you count the ballots that were cast in the third of the 
sixth? — A. Yes, sir. 

Q. How many did you find? — A. 247. 

Q. That were cast in the third of the sixth? — A. Yes. 

Q. I ask you if you have examined this roll of unused ballots? — A. Yes, sir; I did. 

Q. And what is the first number of unused ballots? — A. I didn't notice in par- 
ticular as I remember on there. I was looking at some other marks in there. 

Q. Are those the ones? — A. This number is tore off. That is 39. 

Q. Lay them down here and take a look at them and tell what they are. The 
one you have ^s what? — A. 252. 

Q. What are the initials on the back of that? — A. E. M. 

Q. Is that your writing? — A. Yes, sir. 

Q. When. did you put it on there? — A. The 7th of November. 

Q. The corner still on that ballot? — A. Yes, sir. 

Q. The number of tickets used according to your poll book was how many? — A. 246. 

Q. According to the poll book — just look there and see — according to your poll 
book? — A. 250. Isn't there some ladies' names in here. 

Q. 250? Look that over. I call your attention to those marked "Destroyed by 
creosote." ■ Some destroyed there, were there not? How many of those? — A. Three 
there. 

Q. How many others? — A. Why 222, George J. Scherer marked off. 

Q. That was marked off. Four of them marked off? — A. Yes, sir. 

Q. And the highest number you have got there is 251, so that you should have 247 
votes, should you not? — A. Leaves 247. 

Q. F. B. R. is what — from which ward, the second? — A. Sixth ward, second pre- 
cinct. 

Q. There are four names on that poll book that shows the ballots were not used? — 
A. Yes, sir. 

Mr. Brown. I think that is all. 

Recross-examination by Mr. Miller. 

Q. How did you get 289 votes belonging to the second precinct in your third pre- 
cinct box? — A. I could not account for that. 

Q. Is it evident in your mind that on the face of things as they appear that 289 
ballots that didn't belong there, that were mixed in with your ballots A. (Inter- 
rupting.) Impossible for some are — because they are distributed through our ballots. 
I know they weren't when put in there. I put them in, rolled them up, tied them up, 
and put them in myself. I know that. 

Q. That is impossible; an unaccountable mix-up to yoiu" mind? — A. Yes, sir. 

Q. You testified that all the ballots in yoiu precinct went into one box after they 
were counted? — A. I packed them in there. 

Q. After the election they. all went into one box?^ — A. Yes, sir. 

Redirect examination by Mr. Brown : 

Q. If you are mistaken about packing all these ballots into one box and the second 

precinct of the sixth ward had a third precinct box that some of yoiu- tickets got into 

and the third precinct of the sixth ward had a second precinct box that the tickets 

were put into, and then they were delivered to Mr. Vedder in that way and then 



110 BEAKES VS. BACON. 

brought here to the recount in that condition, that would account exactly for this 
mix-up, would it not? — A. It would in that way, but I am real i^ositive that those 
ballots with the other initials weren't mixed with my ballots when they were put in our 
ballot box. 

Q. I agree to that perfectly. They would not be. If the third precinct had a box 
labeled "Second precinct," and they put 247 ballots into that box and delivered them 
to Mr. Vedder and Mr. Vedder, not knowing that a mistake was made, would deliver 
them to us as the second precinct, that would account for it? — A. I don't l^elieve it 
would. 

Q. Do I understand you then — no. I say if — listen — if the third precinct inspectors 
where they had 247 votes, if they had a second precinct box and put their ballots 
after they were counted into the second precinct box and took them to Mr. Vedder, 
Mr. Vedder would have no way of knowing that was not a second precinct box, would 
he? — A. No, unless he examined the seal on the top. 

Q. If he didn't examine the seal. Now, did you examine the seal on the toj) of this 
third precinct box? — A. Yes, I think I was looking at it. 

Q. What is that seal? — A. That seal there is the second. 

Q. How many impressions in wax are there of the second precinct? — A. I noticed 
one at the time I was looking. 

Q. That is the third precinct box, is it not? — A. Yes, sir. 

Q. Labeled "Third precinct"? — A. Marked "Third precinct." 

Q. If the other precinct had that box and put their ballots into it and put the seal 
in wax that you see on there, ' ' Second precinct, ' ' that would account for this mix-up?— 
A. That would account for it. 

Q. Completely account for it, too? — A. I think it would. 

Recross-examination by Mr. Miller: 

Q. How would that get Russell's tickets in with yours? — A. It would not account 
for our ballots being mixed with their ballots. 
Q. And can't account for it. 

Redirect examination by Mr. Brown: 

Q. Mr. Melville, you just think about this proposition and don't take too much 
stock in his laughing. Let's see about this. 

Mr. Brown. Just read that answer to me. Let me see what 

Mr. Miller. You are putting his language into his mouth. Let him say what he 
wanted to. 

Mr. Brown. I am not telling him what to say. 

(Previous questions and answers read.) 

Q. Now, just think about it. The question was, if the third precinct had this box 
which is labeled third precinct and put the ballots — let's see, how is that — ^their 
ballots, 247, into a second precinct box — see, you had this box, didn't you? This 
third precinct box was one you had? That is your seal, isn't it, on there, second 
precinct? — ^A. No; it is not mine. I am from the third precinct. 

Q. Very well. If the second precinct had this third precinct box and put their 
ballots into that box, see? If they were brought up by Mr. Vedder for the recount 
as third precinct's ballots, wouldn't that account for the mix? Isn't that exactly 
what you mean? There is a third precinct box right in front of you, and we have 
just taken some ballots from that box labeled third precinct, and you have testified 
every one of them belonged in the second precinct? — ^A. No, I didn't. 

Q. You testified every one of the 289. And that box is labeled on top with wax 
impression "Second Precinct" isn't it? — ^A. Yes, sir. 

Q. Would that not account for the mixup? — A. It would not account for all of it. 

Q. It would account for part of it, if the other precinct — ^if the thhd precinct had 
a second precinct box? — ^A. Yes, sir. 

Q. And put their ballots into that, that would completely account for the whole 
of it, wouldn't it? — A. Yes; it would in a way, but it would not account for their 
ballots mixed with ours. 

Q. Why wouldn't it? — A. We didn't have no second — any of Mr. Russell's initials 
on our ballots. 

Q. Yes; but you didn't put these ballots into that box. Mr. Zeigin and myself put 
these in and we took them from three other boxes. If Mr. Zeigin and I, with Mr. 
Bacon's representative, took the ballots, the 577 ballots that were in the second 
precinct box, if we took those three boxes, separate boxes that were delivered to us 
labeled Second Precinct, Sixth Ward, and put them altogether, that would com- 
pletely account for the mixup? — ^A. That would. 



BEAKES VS. BACOX. HI 

Recross-examination In- Mr. Miller: 
Q. The only way that your ballots could 1 e mixed up with the second precinct 
ballots is by their l^eing taken out of the box where originally put and put in another 
box? — A. Yes; to mix them up; yes, sir. 

Redirect examii^ation 1)y Mr. Brown: 

Q. Do you mean that is the only way, the way he accounts for it? — A. To l:e mixed 
with ours. I should think none of theirs would l:e mixed with ours. 

Q. His question was that was the only way that they could be mixed was to take 
them out of the original box where they were and put them in another. — A. Be mixed 
in the recount, when counting liefore. counted for that. 

Q. Mixed in the recount? — A.. Yes; would 1-»e after we were through with them. 

Q. Now, then, let's see. If the third precinct had a second precinct box. which 
3'ou now say they had according to that seal on top, didn't you? — A. Yes, sir. 

Q. And the third precinct put their ballots into a second precinct l:ox? — A. Yes, 
sir. 

Q. When we came to count those 1 'allots on the recount, they would become mixed 
with the second precinct ballots, wouldn't they? — ^A. Yes; they would without 
doubt. 

Q. Now, then, if on the recount, we found 289 ballots that you have identified as 
these ballots from the second precinct, if we found — you have identified 289 ballots 
that were taken from that third precinct box? — A. No; identified 246. 

Q. 246?— A. Yes. 

Q. You have identified 246 ballots that were taken from the second — no; scratch 
that out. A little while ago, we counted the box — you gentlemen particii^ated in the 
count of a ])ox in which you found 289 ballots. That box was labeled third precinct. 
That is the one, isn't it. You testified every one of those ballots were cast in the 
second precinct of the sixth ward. — A. No; I didn't. I said not cast in the third 
precinct. 

Q. Some of the other witnesses have testified they were second precinct? — A. Yes, 
sir. 

Q. You have heard the second precinct inspectors testify they were all their bal- 
lots? — A. Yes, sir. 

Q. Now, then, if on the recount, or if at the election time the third precinct or second 
precinct of the sixth ward had a l^ox that was la^^eled third precinct of the sixth ward 
and delivered to Mr. Vedder and Mr. Vedder delivered them to us, we would count 
them as thii'd precinct votes, wouldn't we?^A. Yes, sir. 

Q. And they were all cast in the second precinct? — A. Yes. 

Q. Now, then, with the other facts wouldn't that account for the mix-up? — A. Yes, 
sir; it would account for that; that is. if they just had our 

Recross-examination by Mr. Miller: 

Q. (Interrupting.) Now, Mr. Melville, you start right out and tell in your own way 
without Mr. Brown telling you about it, tell us all about it. How about this muddle 
between the second and third precincts. — A. Why. there isn't anything I can tell 
particularly about it more than I have told. I could not account for any of them 
other — those ballots with their initials on any more than you can. 

Q. You don't know anji;hing alout it. All that explanation that you have given 
to Mr. Brown, really he has given it and you have agi-eed to it. That is about it? — A. I 
would not give him more than I would give you or anyone. 

Q. You didn't know anything about that until he told you al'out it. did you? — 
A. Why. I didn't think anything al^out it particularly until the questions have been 
asked me. The only thing I can account for and identify positively is our own ballots 
with my initials and those with creosote marked on. 

Q. You people didn't in your precinct, didn't leave half or two-thirds of your 
ballots in your booth after you got done counting them, did you? 

A. No; I don't think I did; I am sure we didn't. 

Mr. Miller. I guess that is all. 

A. We didn't leave an}d;hing in there. 

DANIEL M. ZEIGIN recalled for further examination by Mr. Brown. 

Q. From how many l^oxes, did we take — on the recount. Bacon recount; did we 
take the 577 ballots that have just been taken from the box labeled "Second precinct, 
sixth ward? — A. There wasn't 577. There were 535 second precinct. Three boxes. 

Q. Three boxes? — A. Yes, sir. 

Q . From what — how many different boxes were these two different piles of unused 
ballots taken that are identified? — A. From the three boxes in the second precinct. 

Q. The three boxes that were labeled second precinct boxes. 



112 BEAKES VS. BAGON. 

Recross-examination by Mr. Miller: 
Q. Three boxes labeled second precinct boxes. This box here is labeled "Third 
precinct." — A. I know, but this roll of 289 was in, this one here, these ballots came out 
from the second precinct boxes. 

EDWARD A. McVAY recalled for further examination by Mr. Brown. 

Q. You were one of the inspectors in the third precinct of the sixth ward? — A. Yes, 
sir. 

Q. Have you just examined the ballots that were taken from the box labeled second 
precinct of the sixth ward? — A. Yes. sir. 

Q.' Did you find any ballots there that were polled over in the third precinct of the 
sixth ward? — A. I did. 

Q. How many?— A. 246. 

Q. You counted them, did you? — A. Yes, sir. 

Mr. Brown. That is all. 

Q. Did you also examine the package of unused ballots? — A. Yes, sir. 

Q. The first imused number was what? — A. 253, I guess. 

Q. 25,3 or 252? — A. 252. There were some destroyed ones before that with creosote. 

Q. In this package there is one that is labeled — that is initialed — be the first one — 
is initialed by Mr. Melville? — A. The first 25 are initialed. 

Q. The first 25 are initialed? — A. Yes, sir. 

Mr. Brown. That is all. 

Mr. Miller. That is all. 

Mr. Brown. I would like to have you show that I am going to replace these ballots 
in the box labeled "Second i^recinct sixth ward city of Jackson," and ask the clerk 
to preserve them until this recount is finished. We rest. 

I certify that the foregoing is a true and correct transcript of all proceedings had 
before me this 30th day of April, 1917. 

[seal.] James S. Allen, 

Notary Public, Jackson County, Mich. 

I hereby on this 30th day of April, 1917. ascertain that the following named wit- 
nesses, duly subpoenaed and Avho testified before me on behalf of contestant on the 
contested-election case of Samuel W. Beakes, contestant, v. Mark R. Bacon, returned 
Member, are entitled to witness fees as follows: 



Frank B. Russell, one day's attendance and one mile's travel 

Clarence M. Braun, one day's attendance and one mile's travel 

Albert L. Dailey, one day's attendance and one mile's travel 

Robert Simpson, one day's attendance and one mile's travel 

Edwin Jacka, one day's attendance and one mile's travel 

Joseph Klotz, one day's attendance and one mile's travel 

Edward J. Melville, one day's attendance and one mile's travel 

Edward A. McVay, one day's attendance and one mile's travel 

William M. Seid, one day's attendance and one mile's travel 

Carey A. Barnes, one day's attendance and one mile's travel 

R. S. Birmley, one day's attendance and one mile's travel 

Clifton H. Vedder, one day's attendance and one mile's travel 

Thomas H. Kight, one day's attendance and one mile's travel 

Abel B. Rooney (present, but not sworn), one day's attendance and one mile's 
travel 

Daniel M. Zeigin (sworn by agreement, but not subpoenaed), one day's attend- 
ance and one mile's travel 



80 
80 
80 
80 
80 
80 
80 
80 
80 
80 
80 
80 
80 

80 

80 

and I hereby certify that the said amounts shown opposite each witness's name are 
correct. 

[seal.] James S. Allen, 

Notary Public, Jackson County, Mich. 
Fees: 

For taking, sealing, certifying, and forwarding deposition $2. 00 

For 200 folios of direct examination contained in deposition, at 10 cents a 

folio (paid by contestant) ■- 20. 00 

For 150 folios of cross-examination contained in deposition, at 10 cents a 
folio (paid by returned Member) 15. 00 

37. 00 
[seal.] James S. Allen, 

Notary Public, Jackson County, Mich. 



BEAKES VS. BACON. 113 

State of Michigan, County of Jaclson, ss: 

The foregoing witnesses. Frank B. Russell, Clarence M. Braun, Albert L. E>ailey, 
Robert Simpson. Edwin Jacka. Joseph Klotz, Edward J. Melville. Edward A. McVay, 
William M. Seid, Carey A. Barnes, R. S. Birmley. Clifton H. Vedder, Thomas H. 
Kight. Abel B. Rooney, Daniel M. Zeigin. and Arthur Brown, called on behalf of the 
contestant herein, were all called pursuant to the notice to take depositions and to 
the subpoenaes attached hereto (except the said Daniel M. Zeigin and Arthur Brown, 
who were not subpoenaed, but were sworn by consent of counsel lor the returned 
member) and were each severally sworn by me to tell the truth, the whole truth, an 
nothing but the truth concerning the matters in issue in this cause, and the testimony 
of said witnesses was thereupon taken down stenographically by me in the presence 
of the attorneys and agents of the respective parties, and was afterwards transcribed 
by me, and I hereby certify that the foregoing transcript is a true, correct, and full 
copy of my shorthand notes taken at said time, and that said shorthand notes contain 
a full. true, and correct account of the proceedings had before me. 

All certified copies of records and all exhibits and papers produced and offered in 
e\ddence before me are attached hereto and are transmitted herewith with the testi- 
mony of such witnesses. 

There are also attached to and returned with this deposition certain exhibits on 
behalf of both parties to this contest which were marked by me at the time of the 
taking of depositions on behalf of the returned member, March 26 to 29, 1917, and 
April 3 to 5, 1917, and wliich were either replaced in the ballot boxes and resealed or 
placed in my custody to be reproduced at the time of taking the within deposition on 
behalf of contestant as appears in the deposition taken on behalf of the returned mem- 
ber on the above-mentioned dates. 

All notices to take depositions, ^vith proof of service thereof and the subpoena of all 
witnesses served are also attached and returned herewith. 

And I hereby certify that the foregoing, together with said exhibits, notices, and 
documents, is a full and correct record and transcript of all proceedings had and taken 
before me in the said contested election case. 

[seal.] James S. Allen, 

Notary Public, Jackson County, Mich. 

My commission expires November 28. 1920. 

Contestant's Exhibit, Ballot Identified by Witness Fhank B. Russell — 
James S. Allen, Notary Public. 

[Omitted in printing.] 

Contestant's Exhibits Nos. 1, 2, and 3, Official Ballots, First Precinct, 
Eighth Ward, City of Jackson — James S. Allen, Notary Public. 

[Omitted in printing.] 

Returned Member's Exhibit No. 1, Official Ballot, First Precinct, Eighth 
Ward, City of Jackson — James S. Allen, Notary Public 

[Omitted in printing.] 

Returned Member's Exhibit No. 1, Official Ballot, First Precinct, Summit 
Township, Jackson County — James S. Allen, Notary Public. 

[ Omitted in printing.] 

Contestant's Exhibits, Tally Sheets, Poll Books, etc. — James S. Allen, 

Notary Public. 

[Omitted in printing.] 

Returned Member's Exhibit No. 2, Poll Book — James S. Allen, Notary 

Public. 

[Omitted in printing.] 
9669J— 17 8 



114 BEAKES VS. BACON. 

State op Michigan, County of Monroe, ss: 

I, J. Golden Zabel, a notary public in and for the State and county aforesaid, do 
hereby certify that on Tuesday and Wednesday, April 17 and 18, 1917, personally 
appeared the witnesses herein specified in the annexed report in response to sub- 
poenas heretofore served on them personally, the sheriff's return being hereto at- 
tached; that each witness was duly sworn before being examined, and that such 
examination was recorded by me in shorthand, and later reduced to typewriting, 
and that said transcript by me made is correct; that the recount of the ballots in the 
various precincts of the county of Monroe was made in my office on the days herein- 
before mentioned and the record of such recount is correctly recorded in my report 
hereto attached; that the ballots marked as exhibits on said recount are hereto at- 
tached and made a part of this report. 

I further certify that the report of the proceedings on the recount held in the county 
aforesaid is complete and correct in every detail. 

In testimony whereof I have hereunto set my hand and affixed my notarial seal this 
• Istday of May, A. D. 1917. 

[seal. J J. Golden Zabel, 

Notary Public, Monroe County, Mich. 

DEPOSITIONS. 

Depositions taken before J. Golden Zabel, a notary public in and for the county of 
Monroe, State of Michigan, on Tuesday and Wednesday, the 17th and 18th days of 
April, 1917, commencing at 10 o'clock a. m., on the 17th day of April, 1917, pursuant 
to an oral understanding and agreement between Arthur Brown, attorney for con- 
restant, and Guy A. Miller, attorney for returned member. 

Appearances: Arthur Brown, of Ann Arbor, Mich., attorney for contestant, and 
Jesse H. Root, of Monroe, Mich., attorney for returned member. 

It is stipulated that the formal proof of the official character of J. Golden Zabel as 
notary public is hereby waived and that the testimony of the witnesses may be taken 
in shorthand and reduced to writing by J. Golden Zabel as notary public and certified 
by J. Golden Zabel without said testimony being signed by the several witnesses. 

Arthur Brown, 
Attorney for contestant. 
Jesse H. Root, 
j{ttorney for returned member. 

JACOB H. GEIERMANN, being first duly sworn to tell the truth, the whole truth, 
and nothing but the truth, on examination by Arthur Brown, attorney for contestant, 
testified as follows: 

Q. The ballots used in the November election last fall are in this box that you 
produce here? — A. Yes, sir. 

Q. In this one box? — A. Yes, sir. 

Q. And that box, after the election November 7, was locked up as it is now? — A. 
Yes, sir. 

Q. And both locks were locked? — A. Yes, sir. 

Q. And sealed up over the top? — A. Yes, sir. 

Q. And where was the box left? — A. In the town hall. 

Q. And you had the key to the box? — A. Yes, sir. 

Q. And you also had a key to the door to the hall? — A. Yes, sir; and the clerk has a 
key to the door to the town hall also. 

Q. Whereabouts in the town hall was this box kept?^A. Back in the booths. 

Q. Was it in any locker room? — A. No, sir; there's only one room there. 

Q. I notice these padlocks are not sealed; hasn't it been your custom to seal those 
locks? — A. No, sir. 

Q. You never did that? — A. No, sir. 

Q. There would be nothing to prevent your unlocking these locks, taking the balloti 
out, and locking them up again? — A. No. sir. 

Q. You could have done that? — A. Yes, sir. 

Q. You haven't done that? — A. No. sn. 

Q. Has anybody else had a key to this box since that time? — A. No, sir. 

Q. And nobody has had a key to the town hall except youself and the town clerk? — 
A. No. sir. 

Q. I notice on top there is a paper. — A. He has the only key that will unlock the 
town hall; I have a key and I can unlock it from the inside but not the outside. 



BEAKES VS. BACON. 115 

Q. This seems to be sealed with some wax; you didn't have a seal to put on that, 
did you? — A. We had a seal until last fall, but we had a fire in Carleton and seal was 
lost. 

Q. You are what officer in Ash Township?— A. Supervisor. 

CHRIST REISER, being first duly sworn to tell the truth, the whole truth, and 
nothing but the truth, on examination by Mr. Arthur Brown, attorney for contestant, 
testified as follows: 

Q. You are the clerk of the township of Ash? — A. Yes, sir. 

Q. And who put these ballots into this box after the election last fair?^A. The 
inspectors of the election. 

Q. Were you one of the inspectors? — A. I was clerk. 

Q. You were town clerk at that time?^A. Yes, sir. . 

Q . You have considered these ballots have been in your possession since that time? — 
A. Yes, sir. 

Q. And you kept them there in the town hall? — A. Yes, sh. 

Q. Are you satisfied in you mind that this box hasn't been opened since? — A. Yes, 
sir. 

Mr. Root. Is it in the same condition it M'as then? — A. Yes, sir. 

ALBERT LABEAU, being first duly sworn to tell the truth, the whole truth, and 
nothing but the truth, on examination by Mr. Arthur Brown, attorney for contestant, 
testified as follows: 

Q. You hold what official position in Frenchtown Townsliip? — A. Supervisor. 

Q. And the ballots used at the November, 1916, election are in this box? — A. Yes, 
sir. 

Q. And this is the ballot box you used at that election? — A. Yes, sir. 

Q. Who sealed this box? — A. I did. 

Q. WTien? — A. Election night. 

Q. You sealed it then just as it is now? — A. Yes, sir. 

Q. And the seals haven't been disturbed since that time? — A. No, sir. 

Q. "V\^ere have they been since that time? — A. With the township clerk. 

Q. Where? — A. At his home, his office. 

Q. He has an office at his home? — A. Yes, sir. 

Q. These ballots are in the same condition as when they were put in the box at 
that time? — A. Yes, sir. 

EDWARD C. WEISS, being first duly sworn to tell the truth, the whole truth, and 
nothing but the truth, on examination by Mr. Arthur Brown, attorney for contestant, 
testified as follows: 

Q. You are the clerk of Frenchtown? — A. Yes, sir. 
Q. And you had the custody of this box? — A. Yes, sir. 
Q. And the ballots? — A. Yes, sir. 
Q. They have been kept in your home? — A. Yes, sir. 
Q. Have they been disturbed since that time? — A. No, sir. 

Q. You are absolutely sure they are just the same as when they were put in there? — 
A. Yes, sir. 

SAMUEL S. LA POINTE, being first duly sworn to tell the truth, the whole tmth, 
and nothing but the truth, on examination by Mr. Arthiu- Brown, attorney for con- 
testant, testified as follows: 

Q. "VMiat is your official position? — A. Supervisor. 

Q. Of Erie Township? — A. Yes, sir. 

Q. And the ballots used in your township, voted in your township last November 
you produce here? — A. Yes, sir. 

Q. They are all in one box? — A. I contend that all the votes were counted and 
were rolled up together and tied them up and they are in there. 

Q. Wlio has had possession of that box since that time? — A. We had it in the town- 
ship hall in a room by itself, locked up. 

Q. Who has had the key? — A. The janitor. 

Q. Isn't it your custom to lock them up? — A. We ain't locked it for years back. 

Q. This box is not locked? — A. No, sir. 

A. All you have got to do is to lift that top off? — A. You would have to break the 
string. 



116 BEAKES VS. BACON. 

Q. The box is locked with a seal on top and a string over the top of it and sealed 
down? — A. Yes, sir. 

Q. Are you certain this box has not been tampered with? — A. Yes, sir. 

Q. Absolutely certain? — A. Yes, sir. 

Q. You state that on your oath that these ballots are just the same as when they 
were put in there after the election? — A. Yes, sir. 

Q. Notwithstanding the poor way they were put in? — A. Yes, sir. 

Q. There's a room in the town hall where this box has been? — A. Yes, sir. 

Q. And that room is locked? — A. Yes, sir. 

Q. And who has the key? — A. The janitor. Nobody goes in there except him, 
and when any tiling is done in the hall that room is locked . 

Q. What is his name? — A. Eli Jacobs. 

Q. He lives in Erie? — A. Yes, sir. 

Q. How near to the town hall? — A. Oh, a couple of blocks. 

Q. Who is the clerk?— A. Mr. Gilday. 

Q. Where is he? — A. Here. ' 

WILLIAM E. GILDAY, being first duly sworn to tell the truth, the whole truth, 
and notliing but the truth, on examination by Mr. Arthur Brown, attorney for con- 
testant, testified as follows: 

Q. I notice that there is a seal on top of this box. Who has had that seal since the 
election last fall? — A. I think the -janitor has that seal. 

Q. The janitor had the seal, the box and keys, and the whole cheese? — A. I take 
that back 

Mr. La Pointe. I tctok the seal, and afterwards when everything was all over I 
turned it over to the janitor; that was some time after that. 

Q. Are you sure this box hasn't been tampered with? — A. Yes, sir. 

Q. Absolutely sure this box hasn't been tampered with? — A. Yes, sir. 

FRED STIBOR, being first duly sworn to tell the truth, the whole truth, and noth- 
ing but the truth, on examination by Mr. Arthur Brown, attorney for contestant, tes- 
tified as follows: 

Q. What position do you occupy down there in La Salle? — A. Supervisor. 

Q. Who has had the custody of this box since election? — A. The clerk. 

Q. Is he here? — A. Yes, sir; not the same clerk, but a new clerk. 

Q. The clerk that had possession of the box isn't here? — A. He has had possession 
since the April election. 

Q. The old one isn't here? — A. He isn't here. 

Q. M^here is the box kept? — A. At the clerk's residence. 

Q. I notice on top of the box is a seal. Who had posession of the seal? — A. The 
oldest justice. 

Q. Who has the key? — A. I have it now; the justice had the key. 

Q. The same justice? — A. No, sir. 

Q. You are sure this box has not been opened? — A. Yes, sir. 

Q. And it is sealed up now just as it was at that time? — A. Yes, sir. 

, Q. The ballots werte put in this one box? — A. Yes, sir. 

Q. And all the ballots used in your township were put in this one box?— A. I wasn't 
on the board at that time. 

Q. There's nobody here that was on the old board, is there? — ^A. Mr. Gilday was 
elected road commissioner, and he is here. 

Q. I am satisfied with the box and don't raise any objection unless Mr. Root does. 

FRED T. KIPF, being first duly sworn to tell the truth, the whole truth and nothing 
but the truth, on examination by Mr. Root, attorney for returned Member, testified 
as follows: 

Q. You were an official at the general election in November, 1916?— A. Yes, sir. 
Q. In what capacity? — A. Inspector. 

Q. You were one of the justices of the peace in Monroetown? — A. Yes, sir. 
Q. Were you there when the ballots were put in the ballot boxes? — A. Yes, sir. 
Q. Is this the ballot box they were put in? — A. Yes, sir. 
Q. Were you there when they were sealed up? — A. Yes, sir. 
Q. Who sealed it? — A. I think I done a good deal of it myself. 
Q. Could you tell whether that's the same as it was then? — A. Yes, sir. 
Q. Who has had the seal since that time? — A. I carried it until this last spring elec- 
tion, and then I turned it over to the board of inspectors. 

Q. Was the lock sealed at that time? — A. No, there was nothing done with the lock, 
Q. It was left as it is now? — A. Yes, sir. 



BEAKES VS. BA.CON. 117 

Q. Hasn't it been their practice to lock it? — A. No, but we got on to it that should 
be done. 

Q. Are you sure the box is now in the same condition it was then? — A. Yes, sir. 
Q. And the ballots are in this box? — A. Yes, sir. 

Examination continued by Mr. Arthur Brown, attorney for contestant: 

Q. WTio has had the box since that time? — A. It was left in the town hall. 

Q. Who has the key to that?— A. The clerk. 

Q. Are you sure this box is now in the same condition it was after the election 
when you sealed it up? — A. Yes, sir. 

Q. \\Tiat makes you think the November, 1916, ballots are in this box? — A. Because 
that hasn't been disturbed. 

Q. WTiat is there to indicate the primary ballots you used are not in there? — A. We 
had a special box made for them. 

Q. Why did you do that? — A. Because we couldn't use this one. 

EDWARD LABO, being first duly sworn to tell the truth, the whole truth, and 
nothing but the truth, on examination by Mr. Arthur Brown, attorney for contestant, 
testified as follows: 

Q. "What is your official position? — A. Clerk of Berlin Township. 

Q. This seal on top of this box was on there intact this morning when you started 
from home? — A. Yes, sir. 

Q. Who has had possession of this box since November, 1916? — A. It's been in the 
town hall. 

Q. That seal was on there when you left this morning? — A. Yes, sir. 

Q. Who has had the seal since that time? — A. I don't know. 

Q. This box is just as you foimd it? — A. Yes, sir. 

Q. Are you reasonably sm'e this box is just as it was at that time? — A. When I 
took it out of the booth this morning the box was in there and the seal on there good 
and the seal over the lock; we had to put it on the running board of the machine 
and put a blanket over it. 

^Ir. Brow.v. I object to the counting of any of the ballots cast at the November. 
1916, election in the county of Monroe, for the reason that the answer of the retiuned 
member does not contain any specifi-cation of any mistake in the ofiicial count or 
return as made by the several election boards in the county of Monroe. 

The ballot box used in the township of Monroe at the general election held Novem- 
ber 7, 1916. Avas opened and the ballots counted and Avith the folloAvang result: The 
poll book shows 243 persons as votins;. of which Mark R. Bacon received 90: Samuel W. 
Beakes, 150; Frank E. Titus. 1; Edward J. Koch, 1; no choice, 1; total. 243. 

JOHN A. PARTLEN, being first duly sworn to tell the truth, the whole truth, and 
nothing but the truth, on examination by Mr. Arthur Brown, attorney for contestant, 
testified as follows: 

Q. '\\Tiere do you live? — A. Berlin Township. 

Q. Who has had that box since election? — A. It has been in the town hall. 

Q. "\Mmt position do you occupy there? — A. Supervisor. 

Q. Who has had the kev to that box since election? — A. One of the justices. 

Q. Who has had the seal?— A. I had. 

Q. The box has been in the cnstodv of who? — A. It has b^en in the township 
hall. 

Q. Did you bring that box down tliis morning?-— A. Yes. sir. 

Q. And that seal broke off on the way down? — A. Yes.'sir. 

Q. Are you sure those ballots are in just the same condition as when they were 
voted last November? — A. Yes, sir. 

Q. Absolutely sure? — A. Yes, sir. 

The ballot box used in the township of Erie at the general election held November 
7, 1916, was opened and the ballots counted and -with the following result: No poll 
booK was found in the box and none produced. There were 329 ballots found in 
.the box and counted, with the following result; Mark R. Bacon received 91; Samuel 
W. Beakes, 222: Frank E. Titus, 2; Edward J. Koch, 5; no choice. 6; contestant's 
exhibits, 3. 

Contestant's attorney requested to have three ballots marked as exhibits, and 
same are attached and made a part of this report. 

The ballot box used in the township of La Salle at the general electioa held Novem- 
ber 7 1916, was opened and the ballots counted and with the following result; No 
poll book found in box. There were 307 ballots found in the box and counted, with 



118 BEAKES VS. BACON. 

the following result: Mark R. Bacon received 122; Samuel W. Beakes, 177; Frank 
E. Titus, 3; Edward J. Koch, none; no choice, 4; returned Member's exhibit, 1. 

Retiu-ned Member's attorney requested to have one ballot marked as an exhibit 
and same is attached and made a part of this report. 

The ballot box used in the township of Berlin at the general election held Novem- 
ber 7, 1916, was opened and the ballots counted and with the following result: No 
poll book found in ballot box. There were 420 ballots found in the box and counted, 
with the following result: Mark R. Bacon received 144; Samuel W. Beakes, 264; Fra^nk 
E. Titus, 2; Edward J. Koch, none; no choice, 10; total. 420. Two spoiled ballots 
were found in the box and the first imused ballot was numbered 423. 

The ballot box used in the township of Frenchtown at the general election held 
November 7, 1916, was opened and the ballots counted, with the following result: 
Total ballots counted, 477. of which Mark R. Bacon received 172; Samuel W. Beakes. 
296; Frank E. Titus, none; Edward J. Koch, none; no choice. 9. There was no poll 
book found in this box, and the first imused ballot was numbered 478 

The ballot box used in the township of .A-sh at the general election held November 
7. 1916, was opened and the ballots counted, \vith the folloAving result: The poll 
book found in the ballot box shows 490 names of those voting and 490 ballots were 
found in the box and counted, with the following result: Mark R. Bacon received 
218; Samuel W. Beakes, 257; Frank E. Titus. 8; Edward J. Koch, none; no choice. 
6; contestant's Exhibit 1; total, 490. 

Contestant's attorney requested to have one ballot marked as an exhibit, and same 
is attached and made a part of this report. 

City of Monroe. 

In this city we found the ballots contained in four 1 oxes, one for each precinct, 
all properly sealed and locked and the ^oxes in the custody of the city clerk and the 
keys in the custody of other proper officials. In a recount of the ballots of the first 
precinct we found the poll look showed the names of 512 persons voting and 512 
ballots were found in the box, of which Mark R. Bacon received 194; Samuel W. 
Beakes, 301; Frank E. Titus, 2; Edward J. Koch, 1; no choice, 10; returned member's 
exhibits, 3; contestant's exhf it, 1. 

Returned member's attorney requested to have three ballots marked as exhibits, 
and same are attached and made a part of this report. 

Contestant's attorney requested to have one ballot marked as an exhf it, and same 
is attached and made a part of this report. 

In the second precinct of Monroe city we found no poll book, but in the box we 
found 644 ballots, of which Mark R. Bacon received 320; Samuel Beakes, 307; Frank 
E. Titus, 2; Edward J. Koch, 8; no choice, 6; contestant's exhibit, 1; total 644. 

Contestant's attorney requested to have one ballot marked as an exhibit, and same 
is attached and made a part of this report. 

In the third precinct of Monroe city the poll book showed the names of 481 persons 
as voting, of which Mark R. Bacon received 166; Samuel W. Beakes, 293; Frank E. 
Titus, none; Edward J. Koch, 2; no choice, 16; contestant's exhibits, 4; total, 481. 

Contestant's attorney requested to have four ballots marked as exhibits, and same 
are attached and made a part of this report. 

In the fourth precinct of the city of Monroe the poll book contained the names of 
501 persons as voting and 501 ballots were found in the box, of which Mark R. Bacon 
received 197; Samuel W. Beakes, 296; Frank E. Titus, 1; Edward J. Koch, none; no 
choice, 5; contestant's exhibits, 2; total, 561. 

Contestant's attorney reGfuested to have two ballots marked as exhibits, and same 
are attached and rnade a part of this report. 

WILLIAM DOMLING, being first duly sworn to tell the truth, the whole truth, 
and nothing but the truth, on examination by Mr. Arthur Brown, attorney for con- 
testant, testified as follows: 

Q. Who has had this box with the Ijallots since election? — A. I have. 

Q. Who had the key?— A. Mr. Reber. 

Q. You are the clerk of Raisinville Township? — A. Yes sir. 

JOHN REBER, being first duly sworn to tell the truth, the whole truth, and nothing 
but the truth, on examination by Mr. Arthur Brown, attorney for contestant, testified 
as follows : 

Q. You are the supervisor of Raisinville Township? — A. Yes, sir. 
Q. You had the key? — A. Yes, sir. 



BEAKES VS. BACON. 119 

Q. Has this box been opened since election time? — A. It couldn't been; I had the 
key. 

Q. And it was sealed up then just as at this time? — A. Yes, sir. 

OTTO C. KURTZ, 1 eing first duly sworn to tell the truth, the whole truth and 
nothing but the truth, on examination by Mr, Arthur Brown, attorney for contestant, 
testified as follows : 

Q, What official position do you hold? — A. Clerk 
Q. You have two precincts in Ida Township? — A. Yes, sii'. 
Q. Have you had the boxes used in both precincts since election? — A. Yes, sir. 
Q. How did you get the boxes? — A. They delivered them to me. 
Q. You are clerk? — A. Yes, sir. 

Q. Did you act as one of the inspectors? — A. Yes, sir. 

Q. And the inspectors 'brought the box to you from the other precinct? — A. I went 
after that. 

Q. And they have been in your possession ever since then? — A. Yes, sir. 

Q. And they were sealed up then just the same as they are now? — A. Yes, sir. 

Q. And who had the keys? — A. The justice. 

A. L. GILLHOUSE, being first duly sworn to tell the truth, the whole truth and 
nothing but the truth, on examination by Mr. Arthur Brown, attorney for contestant, 
testified as follows : 

Q. Which township are you from — A. Whiteford. 
Q. Your ballots are contained in two boxes? — A. Yes. sir-. 
Q. Are these the two boxes you produce here? — A. Yes, sii\ 
Q. What official position do you occupy? — A. Clerk. 
Q. And you have had these . oxes ever since election? — A. Yes, sir. 
Q. And the l:oxes are sealed up now just the same as they were when you received 
them on election day? — A. Yes. sii'. 

Q. Where did you keep them? — A. at home. 
Q. Who has the keys? — A. The supervisor. 

A. M. RITTER. being first duly sworn to tell the truth, the whole truth, and nothing 
but the truth, on examination by Mr. Arthur Brown, attorney for contestant, testified 
as follows: 

Q. These are the boxes containing the ballots used in the township of Dundee 

A. Yes, sir. 

Q. At the November, 1916, election? — Yes, sir. 

Q. You are the clerk? — A. Yes, sir. 

Q. And these are the boxes that contain the ballots? — Yes, sir. 

Q. And these boxes have not been opened since then? — A. No, sir. 

Q. And you are absolutely sure about that? — A. Yes, sir. 

Q. And who has the keys? — A. The supervisor. 

LOUIE BOND, being first duly sworn to tell the truth, the whole truth, and nothing 
l)ut the truth, on examination by Mr. Arthur Brown, attorney for contestant, testified 
as follows: 

Q. The ballots used in the township of London at the November, 1916, election 
are in that box? — A. Yes, sir. 

Q. And you are the clerk in that township? — A. Yes, sir. 

Q. And the box was sealed up as it is now on election night? — -A. Yes, sir. 

Q. And it has never been opened or the ballots tampered with? — A. No, sir. 

Q. Who has the key? — A. Mr. Howard, the supervisor. 

Q. The box could be broken open? — A. If you had the key. 

Q. And the possession of the key and box has never been in the possession of the 
same persons since election?— A. No, sir. 

FRANK BARNES, being first duly sworn to tell the truth, the whole truth, and 
nothing but the truth, on examination by ]\Ir. Arthur Brown, attorney for contestant, 
testified as follows: 

Q. What official position do you hold in Milan Township? — A. Clerk. 

Q. You have had possession of these boxes since election? — A. Not those. 

Q. How did you get those boxes? — A. One of the inspectors left them with me. 

Q. You have had them since that time? — A. Yes, sir. 

Q. Did you help seal them up at that time? — A. I did one of them; I was clerk. 



120 BEAKES VS. BACOX. 

Q. Who had the keys to those boxes? — A. The fellow that had the chairman of each 
committee. 

Q. Are you reasonably sure those ballots have not been tampered with? — A. Yes, 
sir. 

Q. Absolutely sure? — A. Yes, sir. 

CAKIj KAMPMUELLER, being first duly sworn to tell the truth, the whole truthj 
and nothing but the truth, on examination by Mr. Arthur Brown, attorney for con- 
testant, testified as follows: 

Q. What is your official position? — A. Clerk, Summerfield Township. 
Q. The seal has been in whose possession since election? — A. The justice: 
Q. Where has the box been? — A. In the clerk's office. 
Q. Who had the key? — A. One of the justices. 
Q. The box has been in your possession all the time? — -A. Yes, sir. 
Q. That box was sealed at election time and the seal hasn't been broken since? — A. 
Yes, sir. 

LEO F. HOFFMAN, being first duly sworn to tell the truth, the whole truth, and 
nothing but the truth, on examination by Mr. Jesse H. Root, attorney for returned 
member, testified as follows: 

Q. You are clerk of the townsliip of Exeter? — A. Yes, sir. 

Q. And the ballot box has been in your possession ever since last November elec- 
tion? — A. Yes, sir. 

Q. And it has been sealed up just the same as it is now? — A. Yes, sir. 
Q. And it hasn't been tampered with? — -A. No, sir. 

CLARENCE JANNEY, being first duly sworn to tell the truth, the whole truth, and 
nothing but the truth, on examination by Mr. Arthur Brown, attorney for contestant, 
testified as follows: 

Q. You are clerk in Bedford Township? — A. Yes, sir. 
Q. Thisbox was properly sealed at election time? — A. Yes; sir. 
Q. And has been in your possession ever since? — A. Yes, sir. 

Q. And the key has been in whose possession? — A. The supervisor and the seal 
with the justice. 

Q. The box has never been opened? — A. No, sir. 
Q. You are absolutely sure of that? — A. Yes, sir. 

The ballot box used in the township of Raisinville at the general election held 
November 7, 1916, was opened and the ballots counted with the following result: 
There were 431 ballots in the box, of which Mark R. Bacon received 205; Samuel W. 
Beakes, 218; Frank E. Titus, 1; Edward J. Koch, 1; no choice, 5; returned member's 
exhibit, 1; total, 431. There was no poll book found in this box. 

Returned Member's attorney requested to have one ballot marked as an exhibit, 
and same is attached and made a part of this report. 

The ballot box used in the township of WTiiteford, first precinct, at the general elec- 
tion held November 7, 1916, was opened and the'ballots counted, with the following 
result: There were 186 ballots found in the box and counted, of which Mark R. Bacon 
received 120; Samuel W. Beakes, 54; Frank E. Titus, 6; Edward J. Koch, 1; no 
choice, 3; returned Member's exhibits, 2; total, 186. No poll book was found for 
this precinct. 

Returned Member's attorney requested to have two ballots marked as exhibits, and 
same are attached amd made a part of this report. 

The ballot box used in the township of Whiteford, second precinct, at the general 
election held November 7, 1916, was opened and the ballots counted, with the follow- 
ing result: There were 151 ballots found in the box and counted, of which Mark R. 
Bacon received 89; Samuel W. Beakes, 57; Frank E. Titus, 1; Edward J. Koch, 2; 
no choice, 2; total 151. No poll book was found in this precinct. 

The ballot box used in the township of Ida, second precinct, at the general election 
held November 7, 1916, was opened and the ballots counted, with the following result: 
The poll book contained the names of 232 persons as voting, and 232 ballots were found 
in the box and counted, of which Mark R. Bacon received 108; Samuel W. Beakes, 
121; Frank E. Titus, 1; Edward J. Koch, none; no choice, 2. 

The ballot box used in the township of Ida, first precinct, at the general election 
held November 7, 1916, was opened and the ballots counted, with the following result: 
The poll book shows 206 names, and opposite Nos. 76 and 78 is written the words 
"mutilated ticket." There were 204 ballots found in the box and counted, of which 



BEAKES VS. BACOlSr. 121 

Mark R. Bacon received 99; Samuel W. Beakes, 99; Frank E. Titus, 4; Edward J. 
Koch, none; no choice, 1; returned member's exhibit, 1; total, 204. 

Returned Member's attorney requested to have one ballot marked as an exhibit, 
and same is attached and made a part of this report. 

The ballot box used in the township of London at the general election held Novem- 
ber 7, 1916, was opened and the ballots counted, with the following result: There 
were 264 ballots found in the box and counted, of which Mark R. Bacon received 143; 
Samuel W. Beakes, 108; Frank E. Titus, 5; Edward J. Koch, 4; no choice, 3; con- 
testant's exhibit, 1; total, 264. 

Contestant's attorney requested to have one ballot marked as an exhibit, and 
same is attached hereto and made a part of this report. 

No poll book was found in this box, and none produced. 

The ballot box used in the township of Bedford at the general election held Novem- 
ber 7, 1916, was opened and the ballots counted, with the following result: No poll 
book was found in this box, and none produced. There were 483 ballots found in 
this box and counted, of which Mark R. Bacon received 255; Samuel W. Beakes, 
205; Frank E. Titus, 12; Edward J. Koch, 3; no choice, 7; returned Member's 
exhibit, 1; total, 483. 

Returned Member's attorney requested to have one ballot marked as an exhibit, 
and same is hereto attached and made a part of this report. 

The ballot box used in the township of Exeter at the general election held Novem- 
ber 7, 1916, was opened and the ballots counted, with the following result: No poll 
book was found in this box. There were 399 ballots found in the box and counted, 
of which Mark R. Bacon received 123; Samuel W. Beakes, 260; Frank E. Titus, 4; 
Edward J. Koch, none; no choice, 8; contestant's exhibits, 4; total, 399. 

Contestant's attorney requested to have four ballots marked as exhibits, and same 
are hereto attached and made a part of this report. 

The ballot box used in the township of Summerfield at the general election held 
November 7, 1916, was opened and the ballots counted, withthe following result: 
No poll book was found in this ballot box. There were 462 ballots found in this box 
and counted, of which Mark R. Bacon received 264; Samuel W. Beakes, 165; Frank E. 
Titus, 17; Edward J. Koch, 5; no choice, 10; contestant's exhibit, 1; total, 462. 

Contestant's attorney requested to have one ballot marked as an exhibit, and 
same is hereto attached and made a part of this report. 

The ballot box used in the township of Dundee, first precinct, at the general elec- 
tion held November 7, 1916, was opened and the ballots counted, with the following 
result: The poll book shows 302 names, and the first unused ballot in bundle found 
in box is No. 303. The ballots were counted and found to contain 301, of which 
Mark R. Bacon received 170; Samuel W. Beakes, 115; Frank E. Titus, 7; Edward J. 
Koch, 2; no choice, 7; short 1 ballot. 

The ballot box used in the township of Dundee, second precinct, at the general 
election held November 7, 1916, was opened and the ballots counted, with the fol- 
lowing result: No poll book found in this box, but a bundle of unused ballots was 
found in the box, and the number of the first unused ballot was 363. There were 362 
ballots found in this box and counted, of which Mark R. Bacon received 186; 
Samuel W. Beakes, 156; Frank E. Titus, 6; Edward J. Koch, 2; no choice, 10; re- 
turned member's exhibits, 2; total, 362. AH the ballots found in this box were 
initialed on the face of the ballot and just below the perforated line. 

Returned Member's attorney requested to have two ballots marked as exhibits, 
and same are hereto attached and made a part of this report. 

The ballot box used in the township of Milan, first precinct, at the general election 
held November 7, 1916, was opened and the ballots counted with the following result: 
No poll book found in this box, and the first unused ballot in the bundle of ballots in 
the box was No. 210. There were 209 ballots foimd in the box and counted, of which 
Mark R. Bacon received 141; Samuel W. Beakes, 61; Frank E. Titus, 1; Edward J. 
Koch, 1; no choice, 4; contestant's exhibit, 1; total, 209. 

Contestant's attorney requested to have one ballot marked as an exhibit, and same 
is hereto attached and made a part of this report. 

The ballot box used in the township of Milan, second precinct, at the general elec- 
tion held November 7, 1916, was opened and the ballots counted, with the following 
result: The first unused ballot found in the bundle of unused ballots in the box was 
No. 219. There was no poll book found in this box. There were 218 ballots found 
in the box and counted, of which Mark R. Bacon received 137; Samuel W. Beakes, 
76; Frank E. Titus, none; Edward J. Koch, none; no choice, 5. 



122 



BEAKES VS. BACOlsr. 



Statement of votes given in several townships and wards in the county of Monroe, in the 
State of Michigan, for Member of Congress, second district, at the general election held 
on the 7th day of November, in the year of our Lord 1916. 



Townships and wards. 


Mark E. 
Bacon. 


SamuelW, 
Beakes. 


Frank E. 
Titus. 


Edward 
J. Koch. 


Total. 


Ash 


218 
255 
143 
167 
186 

90 
123 
173 

99 
107 
123 
141 
143 
137 

89 
193 
327 
166 
194 
205 
266 
120 

89 


262 

203 

265 

112 

156 

223 

260 

296 

98 

121 

176 

109 

62 

76 

149 

301 

301 

297 

302 

219 

165 

54 

57 


8. 
14 
3 

7 
6 

1 
4 


1 
2 


489 


Bedford 


474 


Berlin 


411 




2 
2 
5 


288 




350 


Erie . 


319 


Exeter 


387 






469 




3 
1 

2 
5 
2 




200 






229 






301 


London 


4 


259 




207 






213 




1 

2 


1 

1 

6 
2 


240 




497 




634 






465 






496 






1 

4 
1 
2 


425 




15 
6 

1 


450 




181 




149 






Total 


3,754 


4,264 


81 


34 


8,133 







State of Michigan, 

County of Monroe, ss: 
We do hereby certify that the foregoing is a correct statement of the votes given in 
the several townships and wards in the county of Monroe, in the said State of Michigan, 
for Member of Congress, second district, at tlie general election held in said county 
on the 7th day of November, in the year of our Lord 1916. 
Dated at Monroe this 5th day of December, A. D. 1916. 

Edward C. Weiss, 
Chairman of the Board of County Canvassers. 
Attest: 

J. Golden Zabel, 
Secretary of the Board of County Canvassers. 

I certify and return that the following witnesses appeared before me and that each 
attended the number of days and traveled the number of miles set opposite their 
respective names, to wit: 



Name. 


Days. 


Miles 
each 
way. 


Fees. 


Name. 


Days. 


Miles 
each 
way. 


Fees. 


.Tnhn T?p,hp.r . , . 


J 


8 
25 
12 

2 
18 
20 
18 
10 

7 
29 

8 

14 
12 
14 
10 
10 

2 
12 
10 


$1.55 
3.25 
1.95 

.95 
2.55 
2.75 
2.55 
1.75 
1.45 
3.65 
1.55 
2.15 
1.95 
2.15 
1.75 
1.75 

.95 
1.95 
1.75 


Lewis Bond 




20 
25 
10 
15 
18 
25 
20 
10 
8 
13 


S2.75 




Frank Barnes 


3.25 


George Langdon 


Wilham Domling 

A. M. Ritter 


1.75 




2.25 


I.e. Ellis 


Carl Kampmueller 

A. L. Gillhouse 

Clarence Janney 


2.55 


T. C. Howard 


3.25 
2.75 


S. S. La Points 


William Gilday 


1.75 


Albert Labeau 


Charles Zimmerman 

Ed. Labo 


. 1.55 




2.05 


Fred Stibor 


Fred M. Kressbach 

Albert Hoffman 


.85 


Tnhn Smith . , 


.85 




Ed. Bernitt 


.85 


Ira Osbom 


Frank Hausman 


.85 


John Partlen 


John Marx 


.85 


Otto C. Kurtz 


Dennis Navarre 


.85 


Edward C. Weiss 

Christ Reiser .... 


Total .■ . 




1 


67.45 






! 









To Fred M. Kressbach, Albert Hoffman, Ed. Bernitt, Frank Hausman, and John 
Marx: We command and strictly enjoin upon you that, laying aside all manner of 



BEAKES VS. BACON. 



123 



business and excuses whatsoever, you be and appear before rae, the undersigned, a 
notary public in and for the county of Monroe, Mich., at the supervisor's room in the 
courthouse, in the city of Monroe, in said county, Mich., at 10 o'clock a. m., on 
Tuesday, the 17th day of April, 1917, to testify and give evidence in the above-entitled 
cause now pending, on the part of the above-named returned Member. 

And that you bring with you at said time and place the ballot boxes containing the 
ballots cast in the city of Monroe at the general election held on the 7th day of Novem- 
ber, 1916, together with the keys to the several ballot boxes. 

And for failure so to do you will be deemed guilty of a misdemeanor and liable to 
an indictment and punishment therefor, as provided by the laws of the United States. 

Witness my hand and seal at the city of Monroe, in the county of Monroe, Mich., 
this 12th day of April, 1917. 

[seal.] J. Golden Zabel, Notary Public. 

My commission expires February 24, 1919. 

State of Michigan, 

County of Monroe, ss: 
I hereby certify and return that on April 14 I served the within subpoena on Fred M. 
Kressbach and at the same time paid him 85 cents for his attendance. On the 14th 
day of April I served a copy on Albert Hoffman and at the same time paid him 85 cents 
for his attendance. On the 14th day of April I served a copy on Ed. Bernitt and 
at the same time paid him 85 cents for his fee. All at the city of Monroe, county of 
Monroe, and State of Michigan. All in the year of 1917. On the 14th day of April 
served a copy on Fi'ank Hausman and at the same time paid him 85 cents for his fee. 
On the 14th day of April served a copy on John Marx and at the same time paid him 
85 cents for his fee. 

Fred K. Crommvett, Sheriff. 

To Albert Labeau and Edward C. Weiss, supervisor and clerk, respectively, of the 
to-\vnship of Frenchtown; John Partlen and Edward Labeau, supervisor and clerk, 
respectively, of the township of Berlin: We command and strictly enjoin upon you 
that, laying aside all manner of business and excuses whatsoever, you be, and appear 
before me, the undersigned, a notary public, in and for the county of Monroe, Mich., at 
the supervT-Sor's room in the courthouse in the city of Monroe, in said county, ]\Iich., 
at 10 o'clock a. m. on Tuesday, the 17th day of April, 1917, to testify and give evidence 
in the above-entitled cause now pending, on the part of the above-named returned 
Member. 

And that you bring with you at said time and place the ballot boxes containing 
the ballots cast at the general election held on the 7th day of November, 1916, of your 
respective townships, and the keys to the same. 

And for failure so to do you will be deemed guilty of a misdemeanor and liable to an 
indictment and punishment therefor, as provided by the laws of the United States. 

Witness my hand and seal at the city of Monroe, in the county of Monroe, Mich., 
this 11th day of April, 1917. 

[seal.] J. Golden Zabel, Notary Public. 

My commission expires February 24, 1919. 

State of Michigan, 

County of Monroe, ss: 
I hereby certify and return that on the 12th day of April, 1917, at the city of Monroe, 
in said county, I served the within subpoena on Albert Labeau and John Partlen, 
and on the 13th day of April, 1917, I served the within subpoena on Ed. Weiss, at the 
city of Monroe, and on the 14th day of April, 1917, at the township of Berlin, I served 
the within subpoena on Ed. Labeau, by delivering to each of them said persons a 
true copy thereof, and at the same time paying to each of them the following sums of 
money, to wit: 



Name. 


Days. 


Miles. 


Amount. 


Name. 


Days. 


Miles. 


Amount. 


Albert Labeau 


1 

1 


14 

4 


SI. 45 
.95 


John Partlen 


1 
1 


20 

24 


SL75 


Edward C. AVeiss 


Ed. Labeau 


2.05 



Each of said persons attended before J. Golden Zabel, notary public. 

Fred K. Crommvett, Sheriff. 



124 



BEAKES VS. BACON. 



To John Reber and William Domling, supervisor and clerk, respectively, of the town- 
ship of Raisin ville ; George Landon and Otto Kurtz, supervisor nad clerk, respectively, 
of the township of Ida; John Smith and Leo Hoffman, supervisor and clerk, respec- 
tively, of the township of Exeter; Sayre Reeves and Frank Barnes, supervisor and 
clerk, respectively, of the township of Milan; James Vance and A. M. Ritter, super- 
visor and clerk, respectively, of the township of Dundee: We command and strictly 
enjoin upon you that, laying aside all manner of business and excuses whatsoever, 
you be and appear before me, the undersigned, a notary public in and for the county 
of Monroe, Mich., at the supervisor's room in the courthouse in the city of Monroe, in 
said county, Michigan, at 9 o'clock a. m. on Wednesday, the 18th day of April, 1917, 
to testify and give evidence in the above-entitled caiise now pending, on the part of 
the above-named returned Member. 

And that you bring with you at said time and place the ballot boxes of your respec - 
tive townships, and keys to the same, containing the ballots cast at the general elec- 
tion held on the 7th day of November, 1916. 

And for failure so to do you will be deemed guilty of a misdemeanor arid liable to 
an indictment and punishment therefor, as provided by the laws of the United States . 

Witness my hand and seal at the city of Monroe, in the countv of Monroe, Mich., 
this 11th day of April, 1917. 

[seal.] J. Golden Zabel, Notary Public. 

My commission expires February 24, 1919. 

State of Michigan, County of Monroe, ss: 

I hereby certify and return that on the 12th day of April, 1917, at the city ol Monroe, 
in said count>, I served the within subpoena on John Reber, George Langdon, John 
Smith, Sayre'Reeves, James Vance, and on the 13th day of April, 1917, at the town- 
ship of Ida, I served a copy of the within subpoena on Otto C. Kurtz. On April 13, 
1917, at the township of Raisinville, I served a copy of the within subpoena on William 
Domling. On April 13, 1917, at the township of Exeter, I served a copy of the within 
subpoena on Leo Hoffman. On April 13, 1917, at the township of Milan, I served a 
copy of the within subpoena on Frank Barnes. And on April 14, 1917, at the township 
of Dundee, I served a copy of the within subpoena on A. M. Ritter, and at the same 
time paying each of them the following sums of money, to wit: 



Name. 


Days. 


Miles. 


Amount. 


Name. 


Days. 


Mile?. 


Amount. 






16 
24 
28 
58 


31.55 
1.95 
2.15 


Otto C. Kmtz 




20 
20 
20 
50 
30 


SI. 75 


George Langdon 


William Domling 

Leo Hoffman 


1.75 
1.75 




Frank Barnes 


3.25 




36 i 2. .';,'; 


A. M. Bitter 


2.25 








1 





Each of said persons attended before J. Golden Zabel, notary public. 

Fred K. Crownwett, Sheriff. 

To Fred Stibor and Charles Zimmerman, supervisor and clerk, respectively, of the 
township of La Salle; Jacob Geierman and Chris. Reiser, supervisor and clerk, respec- 
tively, of the township of Ash: We command and strictly enjoin upon you that, laying 
aside" all manner of business and excuses whatsoever, you be and appear before me, 
the undersigned , a notary public in and for the county of Monroe, Mich., at the super- 
visor's room in the courthouse in the city of Monroe, in said county, Michigan, at 10 
o'clock a. m. on Tuesday, the 17th day of April, 1917, to testify and give evidence in 
the above-entitled cause now pending, on the part of the above-named returned 
Member. 

And that you bring with you at said time and place the ballot boxes of your respec- 
tive townships, and keys to the same, containing the ballots cast at the general elec- 
tion held on the 7th day of November, 1916. 

And for failure so to do you will be deemed guilty of a misdemeanor and liable to an 
indictment and punishment therefor, as provided by the laws of the United States. 

Witness my hand and seal at the citv of Monroe ,"^ in the county of Monroe, Mich., 
this 11th day of April, 1917. 

[seal.] J. Golden Zabel, Notary Public. 

My commission expires February 24, 1919. 



BEAKES VS. BACON". 



125 



State of Michigan, County of Monroe, ss: 

I hereby certify and retiu-n that on the 12th day of April. 3917, at the city of Monroe, 
in said county. I served the wdthin subpoena on Fred Stibor and Jacob Geierman, and 
on the 14th day of April 1917, I served the within subpoena on Charles Zimmerman, 
at the township of La Salle, and on the 17th day of April, 1917, at the township of Ash, 
I served the \vithin subpoena on Chris. Reiser, by delivering to each of said persons a 
true copy thereof, and at the same time pajdng to each of said persons the following 
sums of money, to wit: To Fred Stibor the sum of §1.55, for one day's attendance and 
16 miles travel at 5 cents per mile; to Jacob Geierman the sum of $1.95, for one day's 
attendance and 24 miles travel; to Charles Zimmerman the sum of $1,55, for one day's 
attendance and 16 miles; and to Chris. Reiser the sum of S1.95, for one day's attendance 
and 24 miles travel. Each of said persons attended before J. Golden Zabel, notary 
public . 

Feed K. Crownwett, Sheriff. 

To T. C. Howard and Loviis Bond, supervisor and clerk, respectively, of the town- 
ship of London; Fred Consear and A. L. Gilhouse, supervisor and clerk, respectively, 
of the township of Whiteford; Ira Osborn and Clarence Jannej', supervisor and clerk, 
respectively, of the township of Bedford; I. C. Ellis and Carl Kampmuller, super- 
visor and clerk, respectively, of the township of Summerfield: We command and 
strictly enjoin upon you that, la^dng aside all manner of business and excuses whatso- 
ever, you be and appear before me, the undersigned, a notary public in and for the 
county of Monroe, Mich., at the supervisor's room in the courthouse in the city of 
Monroe, in said county, Michigan, at 9 o'clock a. m. on Wednesday, the 18th day of 
April, 1917, to testify and give evidence in the above-entitled cause now pending, on 
the part of the above-named returned Member. 

And that you bring with you at said time and place the ballot boxes of your respec- 
tive to-wTiships, and keys to the same, containing the ballots cast at the general elec- 
tion held on the 7th day of November, 1916. 

And for failure so to do you will be deemed guilty of a misdemeanor and liable to an 
indictment and punishment therefor, as provided b}' the laws of the United States. 

Witness mv hand and seal at the citv of Monroe, in the count v of Monroe, Mich., 
this 11th day of April, 1917. 

[seal.] J. Golden Zabel, Notary Public. 

My commission expires February 24, 1919. 

State or Michigan, County of 'Monroe, ss: 

I do hereby certify and return that on the 12th day of April, 1917, at the city of 
Monroe, in said county, I served the within subpoena on T. C. Howard, Fred Consear, 
Ira Osborn, and I. C. Ellis; and on the 13th day of April, 1917, at the township of 
London, I served a copy of the \vithin subpoena on Louis Bond; and on the 14th day 
of April, 1917, at the township of "V^liiteford, I served a copy of the within subpoena 
on A. L. Gilhouse; and on the 14th day of April, 1917, at the township of Bedford, I 
served a copy of the ^\dthin subpoena on Clarence Janney; and on the 14th day of 
April, 1917, I served a copy of the within subpoena on Carl Kampmuller, by delivering 
to each of them, said persons, a true copy thereof, and at the same time paying to each 
of them the followdng sums of money, to Avit: 



Name, 


Days. 


Miles. 


Amount. 


Name. 


Days. 


Miles. 


Amount. 


T. C. Howard 


1 

1 
1 

1 


40 
50 
28 
36 


$2.75 
3.25 
2.15 
2.55 




1 
1 

1 
1 


40 
50 
40 
36 


$2.75 






3.25 


Ira Osborn 


Clarence Janney 

Carl Kampmuller 


2.75 


I.e. ElUs 


2.55 







Each of said persons attended before J. Golden Zabel, notary public. 

Fred K. Crownwett, Shei'iff. 

To George Luft and Dennis Navarre, supervisor and clerk, respectively, of the 
township of Monroe; S. S. La Pointe and William Gilday, supervisor and clerk, 
respectively, of the township of Erie:* We command and strictly enjoin upon you tliat, 
laying aside all manner of business and excuses whatsoever, you be and appear 
before me, the undersigned, a notaiy public in and for the county of Monroe, Mich., 
at the supervisor's room in the courthouse in the city of Monroe, in said county, 
Michigan, at 10 o'clock a. m. on Tuesday, the 17th day of April, 1917, to testify 
and give evidence in the above-entitled cause now pending, on the part of the above- 
named returned member. 



126 



BEAKES VS. BACON. 



And that you bring with you at said time and place the ballot boxes of your respec- 
tive townships, and keys to the same, containing the ballots cast at the general elec- 
tion held on the 7th day of November, 1916. 

And for failure so to do you will be deemed guilty of a misdemeanor and liable to 
an indictment and punishment therefor, as provided by the laws of the United States. 

Witness my hand and seal at the city of Monroe, in the County of Monroe, Mich., 
this 11th day of April, 1917. 

[seal.] J. Golden Zabel, Notary Public. 

My commission expires February 24, 1919. 

County of Monroe, State of Michigan, ss: 

I hereby certify and return that on the 12th day of April, 1917, at the city of Monroe, 
in said county, I served the within subpoena on George Luft and S. S. La Pointe, 
and on the 14th day of April, 1917, I served the within subpoena on William Gilday, 
at the townslxip of Erie, and on the 16th day of April, 1917, at the township of Mon- 
roetown, I served the within subpoena on Dennis Navarre, by delivering to each of 
them, s^d persons, a true copy thereof, and at the same time paying to each of them 
the following sums of money, to wit: 



I 



Name. 


Days. 


Miles. 


Amount. 


Name. 


Days. 


Miles. 


Amount. 


George Luft 


1 
1 


4 
4 


$0.95 
.95 


S. S. La Pointe 

William Gilday 


1 
1 


20 
20 


SL75 


Dennis Navarre 


L75 



Each of said persons attended before J. Golden Zabel, notary public. 

Fred K. Cronenn, Sheriff. 

Contestant's Exhibit No. 1, Official Ballot, Ash Township — J. Golden Zabel, 

Notary Public. 
[Omitted in printing.] 

Returned Member's Exhibit No. 1, Official Ballot, Bedford Township — 
J. Golden Zabel, Notary Public. 

[Omitted in printing.] 

Returned Member's Exhibits Nos. 1 and 2, Official Ballots, Second Pre- 
cinct, Dundee. — ^J. Golden Zabel, Notary Public. 

[Omitted in printing.] 

Contestant's Exhibits Nos. 1, 2, and 3, Official Ballots, Erie Township. — 
J. Golden Zabel, Notary Public. 

[Omitted in printing.] 

Contestant's Exhibits Nos. 1, 2, 3, and 4, Official Ballots, Exeter Township. — 
J. Golden Zabel, Notary Public. 

[Omitted in printing.] 

Returned Member's Exhibit No. 1. Official Ballot, First Precinct, Ida 
Township — J. Golden Zabel, Notary Public. 

[Omitted in printing.] 

Returned Member's Exhibit No. 1. Official Ballot, La Salle Township— 
J. Golden Zabel, Notary Public. 

[Omitted in printing.] 

Contestant's Exhibit No. 1, Official Ballot. London Township — T. Golden 

Zabel, Notary Public. 
[Omitted in printing.] 



BEAKES VS. BACOISr. 127 

Contestant's Exhibit No. 1, Official Ballot, First Precinct, Milan — J. 
Golden Zabel, Notary Public. 

[Omitted in printing.] 

Returned Member's Exhibit No. 1. Official Ballot, Raisinville Township — 
J. Golden Zabel, Notary Public. 

[Omitted in printing.] 

^^ Contestant's Exhibit No. 1. Officlvl Ballot, Summerfield Township— J. 
K Golden Zabel, Notary Public. 

[Omitted in printing.] 

Returned Member's Exhibits Nos. 1 and 2, Official Ballots, First Precinct, 
Whiteford Township — ^J. Golden, Zabel, Notary Public. 

[Omitted in printing.] 

Returned Member's Exhibits Nos. 1, 2, and 3, Officl^l Ballots, First Pre- 
cinct, Monroe — J. Golden Zabel, Notary Public. 

[Omitted in printing.] 

Contestant's Exhibit No. 1, Official Ballot, First Precinct, Monroe — ^J, 
Golden Zabel, Notary Public. 

[Omitted in printing.] 

Contestant's Exhibit. Official Ballot, Second Ward, Monroe — ^J. Goldent 

Zabel, Notary Public. 
[Omitted in printing.] 

.Contestant's Exhibits Nos. 1, 2, 3, and 4, Official Ballots, Third Precinct, 
Monroe — J. Golden Zabel. Notary Public. 

[Omitted in printing.] 

Contestant's Exhibits Nos. 1 and 2, Official Ballots, Fourth Precinct, 
Monroe — ^J. Golden Zabel, Notary Public. 

[Omitted in printing.] 



TESTIMONY FOR C0NTE8TEE. 

SUBPCENAS. 

To Charles F. Staebler and Frank G. Cole: We command and strictly enjoin upon 
you that, laying aside all manner of business and excuses whatsoever, you be and 
appear before me, the undersigned, a notary public, in and for the county of Washte- 
naw, Mich., at the supervisor's room, in the city of Ann Arbor, in said county, Mich- 
igan, at 9 o'clock a. m. on Tuesday, the 20th day of March, 1917, to testify and give 
evidence in the above-entitled cause now pending on the part of the above-named 
Mark R. Bacon. 

And that you bring with you at said time and place the ballot box, ballots, and key, 
and election returns. 

And for failure so to do you will be deemed guilty of a misdemeanor and liable to 
an indictment and punishment therefor as provided by the laws of the United States. 

Witness my hand and seal at the city of Ann Arbor, in the county of Washnenaw, 
Mich., this 14th day of March, 1917. 

[seal.] William M. Laird, 

Notary Public, Washtenaw County, Mich. 

State op Michigan, 

County of Washtenaw, ss: 
I hereby certify and return that on the 15th day of March, A. D. 1917, I served 
copies of the within and foregoing subpoenas personally upon Charles F. Staebler and 
Frank C. Cole, in Ann Arbor town, by personally delivering to them a true copy 
thereof. 
My fees: Mileage, $0.40, 10.10; service, $1; total, $1,50. 

John Shankland, 

Deputy Sheriff. 

To John Dawson and R. C. Lamkin: We command and strictly enjoin upon you 
that, laying aside all manner of business and excuses whatsoever, you be and appear 
before me, the undersigned, a notary public in and for the county of Washtenaw, 
Mich., at the supervisor's room, in the city of Ann Arbor, in said county, Michigan, 
at 9 o'clock a. m. on Tuesday, the 20th day of March, 1917, to testify and give evidence 
in the above-entitled cause now pending on the part of the above-named Mark R. 
Bacon. 

And that you bring with you at said time and place the ballot box, ballots, and key, 
and election returns. 

And for failure so to do you will be deemed guilty of a misdemeanor and liable to 
an indictment and punishment therefor, as provided by the laws of the United States. 

Witness my hand and seal at the city of Ann Arbor, in the county of Washtenaw, 
Mich., this 14th day of March, 1917. 

[seal.] William M. Laird, 

Notary Public, Washtenaw County, Mich. 

To William H. Every and Walter Luckhardt: We command and strictly enjoin 
upon you that, laying aside all manner of business and excuses whatsoever, you be 
and appear before me, the undersigned, a notary public in and for the county of 
Washtenaw, Mich., at the supervisor's room, in the city of Ann Arbor, in said county, 
Michigan, at 9 o'clock, a. m., on Tuesday, the 20th day of March, 1917, to testify and 
give evidence in the above-entitled cause now pending on the part of the above- 
named Mark R. Bacon. 

And that you bring with you at said time and place the ballot box, ballots, and key, 
and election returns. 

And for failure so to do you will be deemed guilty of a misdemeanor and liable 
to an indictment and punishment therefor, as pro.vided by the laws of the United 
States. 

Witness my hand and seal at the city of Ann Arbor, in the county of Washtenaw, 
Mich., this 14th day of March, 1917. 

William M. Laird, 
Notary Public, Washtenaw County, Mich. 

(128) 



BEAKES VS. BACON. 129 

State of Michigan, 

■ County of Washtenaw, ss: 

I hereby certify and return that on the 15th day of March, A. D. 1917, I served the 
within subpoenas upon William H. Every, Walter Luckhardt, Gilbert Madden, Otto 
Paul, Barney Bertke, Emanuel Schenk, Fred C. Haist, Emanuel M. Eiseman, Herman 
A. Geusley, Jacob Birkle, Charles Clark, Otis Webb, Adam Schaible, Claire Blythe, 
Herman Gross, Ernest D. Skinner, Jacob Jedele, Jay Kieth, J. W. Dresselhouse, 
George F. Alber, George Crippen, James Court, J. W. Van Riper, Frederick G. Brol- 
samle, John Dawson, R. C. Lamkin, Sumner Damen, Perry Watling, Luman A. 
Seamans, John Lawson, Olney S. Butler, Lewis Chamberlain, and Frank Preston 
by personally delivering a true copy thereof to each of them at their respective town- 
ships in the County of Washtenaw. 

My fees: 

Mileage $11. 40 

Service : 17. 00 

Total 28. 40 

Leonard Josenhans, 

Deputy Sheriff. 

To Gilbert Madden and Otto Raul: We command and strictly enjoin upon you 
that, laying aside all manner of business and excuses whatsoever, you be and appear 
before me, the undersigned, a notary public in and for the county of Washtenaw, 
Mich., at the supervisor's room in the city of Ann Arbor, in said county, Michigan, 
at 9 o'clock, a. m. on Tuesday, the 20th day of March, 1917, to testify and give evi- 
dence in the above-entitled cause now pending on the part of the above-named 
Mark R. Bacon. 

And that you bring with you at said time and place the ballot box, ballots, and 
key, and election returns. 

And for failure so to do you -will be deemed guilty of a misdemeanor and liable to 
an indictment and punishment therefor, as provided by the laws of the United States. 

Witness my hand and seal at the city of Ann Arbor, in the county of Washtenaw, 
Mich., this 14th day of March, 1917. 

William M. Laird, 
Notary Public, Washtenaw County, Mich. 

To Barney Bertke and Emanuel Schenk: We command and strictly enjoin upon 
you, that laying aside all manner of business and excuses whatsoever, you be and 
appear before me, the undersigned, a notary public in and for the county of Washte- 
naw, Mich., at the supervisors room, in the city of Ann Arbor, in said county, Michi- 
gan, at 9 o'clock a. m., on Tuesday, the 20th day of March, 1917, to testify and give 
evidence in the above entitled cause now pending, on the part of the above-named 
Mark R. Bacon. 

And that you bring with you at said time and place the ballot box, ballots, and key, 
and election returns. 

And for failure so to do you will be deemed guilty of a misdemeanor and liable to 
an indictment and punishment therefor, as provided by the laws of the United States. 

Witness my hand and seal at the city of Ann Arbor, in the county of Washtenaw, 
Mich., this 14th day of March, 1917. 

■ William M. Laird, 
Notary Public, Washtenaw County, Mich. 

To Fred C. Haist and Emanuel M. Eiseman: We command and strictly enjoin upon 
you, that laying aside all manner of business and excuses whatsoever, you be and 
appear before me, the. undersigned, a notary public in 9,nd for the county of Washte- 
naw, Mich., at the supervisor's room, in the city of Ann Arbor, in said county, Mich- 
igan, at 9 o'clock a. m., on Tuesday, the 20th day of March, 1917, to testify and give 
evidence in the above entitled cause now pending, on the part of the above-named 
Mark R. Bacon. 

And that you bring with you at said time and place the ballot box, ballots, and 
key, and election returns. 

And for failure so to do you will be deemed guilty of a misdemeanor and liable to 
an indictment and punishment therefor, as provided by the laws of the United States'. 

Witness my hand and seal at the city of Ann Arbor, in the county of Washtenaw, 
Mich., this 14th day of March, 1917. 

William M. Laird, 
Notary Public, Washtenaw, County, Mich. 

96694—17 ^9 



130 BEAKES VS. BACON, 



NOTICE OF TAKING DEPOSITIONS. 



To Arthur Brown, 

Attorney for Contestant. 
Sir: You will please take notice that depositions will be taken in behalf of returned 
Member in this cause before William Laird, a notary public in and for the county of 
Washtenaw, State of Michigan, at the supervisors' room, in the city of Ann Arbor, 
county of Washtenaw, Mich., at 9 o'clock a. m., on Tuesday, the 20th day of March, 
1917, from the following witnesses: Charles F. Staebler, Frank C. Cole, John Dawson, 
E,. C. Lamkin, William H. Every, Walter Luckhardt, Gilbert Madden, Otto Paul, 
Barney Bertke and Emanuel Schenk, Fred C. Haist and Emanuel M. Eiseman. 

And that you are invited to be present at the time and place above named for the 
taking of said depositions, and to cross-examine the said witnesses. 
Dated March 14, 1917. 
Yours, etc., 

Guy a. Miller, 
Attorney and Agent for the said Mark R. Bacon, Returned Member, 

2005 Dime Bank Building, Detroit, Mich. 
State op Michigan, 

County of Washtenaw, ss: 
Andrew J. Sawyer, being first duly sworn, deposes and says that on the 14th day 
of March, A. D. 1917, he served a copy of the wi'^hin and foregoing notice of taking 
depositions of Charles F. Staebler, Frank C. Cole, John Dawson, R. C. Lamkin, 
William H. Every, Walter Luckhardt, Gilbert Madden, Otto Paul, Barney Bertke, 
Emanuel Schenk, Fred C. Haist, and Emanuel M. Eiseman upon Arthur Brown, the 
attorney for the contestant in the above-entitled cause, by personally delivering to 
him on said 14th day of March, A. D. 1917, a true copy thereof. 

Andrew J. Sawyer. 
Subscribed and sworn to before me this 21st day of March, A. D. 1917. 

Lottie Sumner, 
Notary Public, Washtenaiv County, Mich. 

My commission expires November 19, 1919. 

depositions on behalf of returned member. 

Present: William M. Laird, notary public. 

Proceedings had before me, William M. Laird, a notary public in and for Washtenaw 
County, State of Michigan, which county is in the second congressional district of the 
State of Michigan, sitting for the purpose of taking testimony in the above entitled 
contested-election case. 

On March 20, 1917, at 9 o'clock a. m., in the supervisor's room in the courthouse 
in the city of Ann Arbor in said county, I attended pursuant to the notice to take 
depositions and to the subpoena prefixed hereto. 

Appearances: Arthur Brown, attorney for contestant. Andrew J. Sawyer, attorney 
for returned member. 

It is hereby stipulated and agreed by the respective attorneys for the parties to 
this contest that proof of the official character of William M. Laird, the notary public 
before whom depositions in this cause are about to be taken, be. and the same is 
hereby, waived. 

Arthur Brown, 

Attorney for Contestant. 
A. J. Sawyer, 
'Attorney for Returned Member. 

The foregoing stipulation, after being reduced to writing by me. was subscribed in 
my presence. 

William M. Laird, 
Notary Public, Washtenaiv County, Mich. 

Lima Township. Washtenaw County. 

Mr. Brown. I object to the counting of the ballots in the township of Lima for the 
reason that the answer of the returned member contains no specification of any errors 
or irregularities in the official canvass of these ballots. 



1 



BEAKES VS. BACON, 131 

It is stipulated by and between the attorneys for the respective parties that the 
testimony of Fred C. Haist and Emanuel M. Eiseman, of Lima Township, shows that 
the ballot box was properly sealed after the ballots were counted on November 7, 
1916, and that the box is now in the same condition when sealed and that it now is 
legally sealed and that the supervisor has had key to the box from November 7, 1916, 
to this date and that the box has been opened in the presence of the attorneys for the 
respective parties and the notary. 

Arthur Brown, 

Attorney for Contestant. 
A. J. Sawyer, 
Attorney for Returned Member. 

The foregoing stipulation, after being reduced to writing by me, was subscribed in 
my presence. 

William M. Laird, 
Notary Public, Washtenaw County, Mich. 

It is agreed and stipulated by and between the attorneys for the respective parties 
that in Lima Township Mark R. Bacon received 148 votes; Samuel W. Beakes re- 
ceived 105 votes; Frank E. Titus received 1 vote; Edward J. Koch received no votes; 
no choice — 10 votes. 

It is further agreed that returned herewith is contestant's Exhibit 1, Lima Town- 
ship, of a questionable vote for Beakes; and returned member's Exhibit 1, Lima 
Township, of a questionable vote for Beakes. Total number of votes cast in Lima 
Township, 266. 

Arthur Brown, 

Attorney for Contestant. 
A. J. Sawyer, 
Attorney for Returned Member^ 

The foregoing stipulation, after being reduced to writing by me, was subscribed in 
my presence. 

William M. Laird, 
Notary Public, Washtenaw County, Mich. 

Mr. Fred C Haist, supervisor of Lima Township, and Emanuel M. Eiseman, 
clerk of Lima Township, were called as witnesses, and being first duly sworn, were 
examined and testified as follows: 

Mr. Brown. Mr. Fred Haist explain briefly how returned member's Exhibit 1 
became torn so as to tear off the inspector's initials from the back of the ballot. 

Mr. Fred Haist. The ballot, returned member's Exhibit 1, when given to voter 
was properly initialed, and when he returned it to me I did not have the ruler used 
to tear off the corners properly on the paper and I tore off the initials, 

Mr. Sawyer. Mr. Haist, the ballot now does not show the initials? 

Mr. Haist. No. 

Mr. Brown. Mr. Haist, is there a portion of one of the initials of one of the inspec- 
tors still on the back of the ballot? 

Mr. Haist. Yes, sir; part of the letter "G." 

Emanuel M. Eiseman, clerk of Lima Township, gave testimony to the same effect 
as that above given by Mr. Haist. 

It is hereby stipulated and agreed by and between the attorneys for the respective 
parties to this contest that the above is a true statement of the testimony given by 
Fred C. Haist and Emanuel Eiseman, upon their examination in this cause. 

Arthur Brown, 
Attorney for Contestant. 
A. J. Sawyer, 
Attorney for Returned Member. 

The foregoing stipulation, after being reduced to writing by me, was subscribed in 
my presence. 

William M. Laird, 
Notary Public, Washtenaw County, Mich. 

I hereby, on this 20th day of March, A. D. 1917, ascertain that Fred C. Haist, a 
witness duly subpoened, and who testified before me on behalf of the returned Member 



132 



BEAKES VS. BACON. 



in the contested-election case of Samuel W. Beakes, contestant, v. Mark R. Bacon, 
returned Member, is entitled to witness fees as follows: 

, , , 10.75 

One day s attendance gQ 

Twelve miles necessary travel ' 

Total -■- ^-^^ 

And I hereby certify the said amount to be correct. 

J J William M. Laird, 

Notary Public, Washtenaw County, Mich. 

I hereby on this 20th day of March, A. D. 1917, ascertain that Emanuel M. Eise- 
man a witness duly subpoened, and who testified before me on behalf of the returned 
, Member in the contested-election case of Samuel W. Beakes, contestant v. Mark K. 
Bacon, returned Member, is entitled to witness fees as follows: 

One day's attendance ^^' In 

Twelve miles necessary travel "^ 

Total 1-35 

And I hereby certify the said amount to be correct. 

William M. Laird, 
Notary Public, Washtenaw County, Mich. 

Augusta Township, Washtenaw County. 

Mr. Brown. I object to the counting of the ballots in the township of Augusta for 
the reason that the answer of the returned Member contains no specification of any 
errors or irregularities in the official canvass of these ballots. 

It is stipulated and agreed by and between the attorneys for the respective parties 
that the testimony of John Dawson, supervisor, and Rolland C. Lamkin, clerk of the 
township of Augusta, shows that the ballot box has been in the possession of the said 
clerk since the 7th day of November, 1916, until this date, and that the seal was in 
possession of Supervisor Dawson until March 19, 1917, and that Supervisor Dawson 
obtained the key from another member of the board and delivered the seal to the 
other member on the 19th day of March, 1917. It is further stipulated that the 
testimony shows that the ballot box is now and has been since November 7, 1916, 
legally sealed. 

Arthur Brown, 
Attorney for Contestant. 
A. J. Sawyer, 
Attorney for Returned Member. 

The foregoing- stipulation, after being reduced to writing by me, was subscribed in 
my presence. 

William M. Laird, 
Notary Public, Washtenaio County, Mich. 

It is agreed and stipulated by and between the attorneys for the respective parties 
that in Augusta Township Mark R. Bacon received 194 votes; Samuel W. Beakes 
received- 139 votes; Frank E. Titus received 6 votes; Edward J. Koch received no 
votes; no choice, 9 votes. 

It is further agreed that returned herewith is contestant's Exhibit 1, Augusta Town- 
ship, of a questionable vote for Mark R. Bacon^ and returned Member's Exhibits 1, 
^, .i, 4, and 5, of que.stionable votes for Beakes. 

was^SM^"'^*'^^'' ^"^^^^ *^^* *'^^ *°*^^ ^^^^ ^*^* ^^ ^^^^ election in Augusta Township 

Arthur Brown, 
Attorney for Contestant. 
A. J. Saw^yer, 
Attorney for Returned Member. 

m JpreS?^ stipulation, after being reduced to writing by me, was subscribed in 

^^ William M. Laird, 

Notary Public, Washtenaw County, Mich. 



BEAKES VS. BACON". 133 

Mr, John Dawson, super^dsor of Augusta Township, was called as a witness, and, 
being fii-st duly sworn, testified that he acted as one of the election inspectors at the 
election held November 7, 1916, and that retiu-ned member's Exhibit 2, Augusta 
Township, being an uninitialed ballot for Mr. Beakes, is one of the ballots used in 
the said to^v^lship at the said election. Witness fm-ther testified that he can not 
explain why the initials of the inspector are not on the ballot except that it was over- 
looked. Rolland C. Lamkin testified to the same effect. 

It is hereby stipulated and agreed by and between the respective parties to this 
contest that the above is a true statement of the testimony given by John Dawson 
and Rolland C. Lamkin upon their examination in this cause. 

Arthur Brown, 
Attorney for Contestant. 
A. J. Sawyer, 
Attorney for Returned Member. 

The foregoing stipulation after being reduced to writing by me was subscribed in 
.my presence. 

William M. Laird, 
Notary Public, Washtenaiu County, Mich. 

I hereby, on this 20th day of March, A. D. 1917, ascertain that John Dawson, a 
mtness duly subpoenaed, and who testified before me on behalf of the returned mem- 
ber in the contested-election case of Samuel W. Beakes, contestant, v. Mark R. Bacon, 
returned Member, is entitled to witness fees as follows: 

One day's attendance SO. 75 

Twenty miles necessary travel 1. 00 

Total 1. 75 

And I hereby certify the said amount to be correct. 

William M. Laird, 

Notary Public, Washtenaw County, Mich. 

I hereby, on this 20th day of March, A. D. 1917, ascertain that Rolland C. Lamkin, 
a witness duly subpoenaed, and who testified before me on behalf of the retm-ned 
member in the contested-election case of Samuel W. Beakes, contestant, r. Mark R. 
Bacon, returned Member; is entitled to witness fees as follows: - 

One day's attendance |0. 75 

Twenty miles necessary travel 1. 00 

Total 1. 75 

And I hereby certify the said amount to be correct. . 

William M. Laird, 

Notary Public, Washtenaw County, Mich. 

Freedom Toumship, Washtenaiv County. 

Mr. Brown. I object to the counting of the ballots in the township of Freedom, for 
the reason that the answer of the retiu'ned member contains no specification of any 
errors or irregularities in the ofiicial canvass of these ballots. 

It is stipulated and agi'eed by and between the attorneys for the respective parties 
that the testimony of Bernard Bertke, supervisor, and Emanuel Schenk, clerk, of 
the township of Freedom, shows that the ballot box was in possession of the clerk 
from and after the election held November 7, 1916, until this date, and that the key 
has been in the jDossession of the sujDervisor to this date; and that the box is now 
properly sealed. 

Arthur Brown, 
Attorney for Contestant. 
A. J. Sawyer, 
Attorney for Returned Member. 

The foregoing stipulation after being reduced to ^vriting by me was subscribed in 
my presence. 

William M. Laird, 
Notary Public, Washtenaiu County, Mich. 



134 BEAKES VS. BACON. 

It is agreed and stipulated by and between the attorneys for the respective parties 
that in Freedom Township Mark R. Bacon received 113 votes; Samuel W. Beakes 
received 112; Frank E. Titus received no votes; Edward J. Kqch received no votes; 
no choice, 9 votes. 

It is further agreed that returned herewith is contestant's Exhibit 1, Freedom 
Township, of a questionable vote for Mark R. Bacon; and that returned member's 
Exhibits 1 and 2 of questionable votes for Samuel W. Beakes. 

It is further agreed that the total vote cast in said election in Freedom Township 
was 238. 

Arthur Brown, 
Attorney for Contestant. 
A. J. Sawyer, 
Attorney for Returned Member. 

The foregoing stipulation after being reduced to writing by me was subscribed in 
my presence. 

William M. Laird, 

Notary Public, Washtenaw County, Mich. 

Bernard Bertke, supervisor of Freedom Township, was called as a witness, and. 
being first duly sworn, testified that he acted as one of the election insjjectors at the 
election held November 7, 1916, and that returned member's Exhibit 1, Freedom 
Township, being a Democratic ballot, unitialed, is the identical ballot used by the 
voter at the election, and that he can not explain why the said ballot was not initialed, 
except that it must have been overlooked through the mistake oi the inspector. 

Emanuel Schenk, clerk of the township of Freedom, was sworn and testified to the 
same effect as did Bernard Bertke. . 

It is hereby stipulated and agreed by and between the respective attorneys for the 
contestants that the above is a true statement of the testimony given by Bernard 
Bertke, super\dsor of Freedom Township and Emanuel Schenk, clerk of Freedom 
Township, upon their examination in this cause. 

Arthur Brown, 
Attorney for Contestants. 
A. J. Sawyer, 
Attorney for Returned Member. 

The foregoing stipulation, being reduced to writing by me, was subscribed in my 
presence. 

William M. Laird, 
Notary Public, Washtenaw County, Mich. 

I hereby, on this 20th day of March, A. D. 1917. ascertain that Bernard Bertke, a 
witness duly subpoened, and who testified before me on behalf of the returned Member 
in the contested election case of Samuel W. Beakes, contestant, v. Mark R. Bacon, 
returned Member is entitled to witness fees as follows: 

1 day's attendance |0. 75 

16 miles necessary travel 80 

Total. 1. 55 

And I hereby certify the said amount to be correct. 

William M. Laird, 
Notary Public, Washtenaio County, Mich. 

I hereby, on this 20th day of March, A. D. 1917, ascertain that Emanuel Schenk, a 
witness duly subpoenaed, and who testified before me on behalf of the returned Mem- 
ber in the contested election case of Samuel W. Beakes, contestant, v. Mark R. Bacon, 
returned Member, is entitled to witness fees as follows: 

1 day's attendance $0. 75 

16 miles necessary travel 80 

Total 1 . 55 

And I hereby certify the said amount to be correct. 

William M. Laird, 
Notary Public Washtenaw County, Midi. 



BEAKES VS. BACON. 135 

At this point, at the hour of 12.] 5 p. m. the proceedings were adjourned by direction 
of the notary until 1 p. m. 

And on the 20th day of March, A. D. 1917, at 1 o'clock in the same place, the said 
proceedings were continued as follows: 

Bridgeivater township, Washtenaw County. 

Mr. Brown. I object to the counting of the ballots in the township of Bridgewater 
for the reason that the answer of the returned Member contains no specification of any 
errors or irregularities in the official canvas of tliese ballots. 

It is stipulated by and between the attorneys for the respective parties that the 
testimony of William H. Every, supervisor of Bridgewater Township, shows that the 
ballot box produced contains the ballots used in Bridgewater Township at the election 
held November 7, 1916, and that he has had the key to the said box since the 7th day 
of November, 1916, to this date. (Every produced the key.) 

Walter Luckhardt gave testimony showing that he is clerk of Bridgewater Townsliip 
and that he has had custodyof said ballot box containing said ballots cast on November 
7, 1916, from the said November 7, 1916,- to this date, and that the said ballot box was 
properly sealed by the inspectors, and is so sealed now. 

Arthur Brown, 
Attorney for Contestant. 
A. J. Sawyer. 
Attorney for Returned Member . 

The foregoing stipulation, after being reduced to wTiting by me, was subscribed in 
my presence. 

■ William M. Laird, 
Notary Public, Washtenaw County, Mich. 

It is agreed and stipulated by and between the attorneys for the respective parties 
in this cause that in Bridgewater Township Mark R. Bacon received 100 votes; Samuel 
W. Beakes received 141 votes; Frank E. Titus received 2 votes; Edward J. Koch 
received no votes; no choice. 3 votes. 

It is further agreed by the respective attorneys in this cause that the total vote cast 
in the election of November 7. 1916, in Augusta Township, was 246. 

Arthur Brown, 
Attorney for Contestant. 
A. J. Sawyer, 
Attorney for Returned Member. 

The foregoing stipulation, after being reduced to Avi-iting by me, was subscribed in 
my presence. 

William M. Laird. 
Notary Public, Washtenaw County, Mich. 

I hereby, on this 20th day of March, A. D. 1917, ascertain that William H. Every, 
a witness duly subpoenaed, and who testified before me on behalf of the retirrned 
Member in the contested election case of Samuel W. Beakes, contestant, v. Mark R. 
Bacon, returned Member, is entitled to witness fees as follows: 

1 day's attendance SO. 75 

39 miles necessary travel 1.95 

Total 2. 70 

I hereby certify the said amount to be correct. 

William M. Laird, 
Notary Public, Washtenaw County, Mich. 
I hereby, on this 20th day of March, A. D. 1917, ascertain that Walter Luckhardt, 
a witness duly subpoenaed , and who testified before me on behalf of the returned mem- 
ber in the contested election case of Samuel W. Beakes, contestant, v. Mark R. Bacon, 
returned member, is entitled to witness fees as follows: 

One days' attendance $0. 75 

Thirty-nine miles necessary travel 1. 95 

Total 2. 70 

I hereby certify the said amount to be correct. 

William M. Laird, 

Notary Public, Washtenaw County, Mich. 



136 BEAKES VS. BACOJSr. 

Dexter Toivnship, Wnshtenaiv County. 

Mr. Brown; I object to the counting of the ballots in the township of Dexter, for 
the reason that the answer of the returned member contains no specification of any 
errors or in-egulaiities in the local canvass of these ballots. 

It is stipulated by and between the attorneys for the respective parties that the testi- 
mony of Gilbert Madden, supervisor of Dexter Township, and Otto Paul, the clerk 
of Dexter Township, shows that the ballot box was properly locked and sealed at the 
close of the election on November 7, 1916, the key being kept in the possession of the 
supervisor, the box in the possession of the clerk, and the seal in the possession of one 
of the justices of the peace of the township. That there was a recount after the elec- 
tion in this township as to the office of judge of probate ; that the box was brought to 
Ann Arbor, and the ballots counted in the presence of the supervisor, and that all the 
ballots after the recount were placed in the ballot box by the supervisor, and the box 
properly sealed. Since that time the box and the ballots have been in the possession 
of Otto Paul, the township clerk, and the key in the possession of the supervisor, and 
that the box at this time is properly sealed. 

Arthur Brown, 
Attorney for Contestant. 
A. J. Sawyer, 
Attorney for Returned Member. 

The foregoing stipulation, after being reduced to writing by me, was subscribed in 
my presence. 

William M. Laird, 
Notary Public, Washtenaw County, Mich. 

. It is stipulated and agreed by and between the attorneys for the respective parties 
hereto that in Dexter Township Mark R. Bacon received 61 votes; Samuel W. Beakes 
received 79 votes; Frank E. Titus received 2 votes; Edward J. Koch received 1 vote: 
no choice, 2 votes. 

It is further agreed that returned herewith are returned member's Exhibits 1 and 2, 
Dexter Township, of questionable votes for Samuel W. Beakes. 

It is further agreed that the total vote cast in said election in the township of Dexter 
is 147, which corresponds to the poll book. 

Arthur Brown, 
Attorney for Contestant. 
A. J. Sawyer, 
Attorney for Returned Member. 

Tlxe foregoing stipulation, after having been reduced to writing by me, was sub- 
scribed in my presence. 

William M. Laird, 
Notary Public, Washtenaw County, Mich. 

I hereby, on this 20th day of March, A. D. 1917, ascertain that Gilbert Madden, a 
witness duly subpoenaed, and who testified before me on behalf of the returned member 
in the contested-election case of Samuel W. Beakes, contestant, v. Mark R. Bacon, 
returned member, is entitled to witness fees as follows; 

One days' attendance $0. 75 

Sixteen miles necessary travel 80 

Total 1. 55 

And I hereby certify the said amount to be correct. 

William M. Laird, 
Notary Public, Washtenato County, Mich. 

I hereby, on this 20th day of March, A. D. 1917, ascertain that Otto Paul, a witness 
duly subpoenaed, and who testified before me on behalf of the returned member in 
the contested election case of Samuel W. Beakes, contestant, v. Mark R. Bacon, 
returned member, is entitled to witness fees as follows: 

One day's attendance $0. 75 

Sixteen miles necessary travel 80 

Total 1. 55 

And I hereby certify the said amount to be correct. 

William M. Laird, 
Notary Public, Washtenaw County, Mich. 



BEAKES VS. BACON. 137 

Ann Arbor Township, Washtenmv County. 

Mr. Brown. I object to the counting of the ballots in the township of Ann Arbor, for 
the reason that the answer of the returned member contains no specifications of any 
errors or irregularities in the official canvass of these ballots. 

It is stipulated and agreed by and between the attorneys for the respective parties 
hereto that the testimony of Frank C. Cole, clerk of Ann Arbor Township, who was 
firts duly sworn according to law, shows that the ballot box since the evening of elec- 
tion, November 7, 1916, until this date, was in his possession, and that the said box 
was properly sealed when the voting on the said election day was over; that Charles F. 
Staebler, the supervisor of said township, from that time until this day, had had the 
key of said box in his possession; that said box has not been opened, and that the 
ballots in it now are the identical ones which were put in it on November 7, 1916; 
that the seal over the said lock became loose some time after the election of November 
7, 1916, the exact time, however, being unknown; that the padlock on the said box 
is a substantial one, and is opened with a small key not easily dupUcated, and that 
both the box and the key have never been in possession of any one person since Novem- 
ber 7, 1916, until this date. 

Charles F. Staebler, supervisor of said township, testified to the same effect. 

Arthur Brown, 
Attorney for Contestant. 
A. J. Sawyer, 
Attorney for Returned Member. 

The foregoing stipulation, after being reduced to writing by me, was subscribed in 
my presence. 

William M. Laird, 
Notary Public, Washtenaw County, Mich. 

It is stipulated and agreed by and between the attorneys for the respective parties 
n this cause, that in Ann Arbor Township Mark R. Bacon received 112 votes, Samuel 
V. Beakes received 136 votes, Frank E. Titus received 1 vote, and Edward J. Koch 
received 1 vote; no choice, 1 vote. 

It is further agreed that returned herewith are returned Member's Exhibits 1, 2, aild 
3 of Ann Arbor Township, of questionable votes for Samuel W. Beakes. 

It is further agreed that the total vote cast in the said election of November 7, 1916, 
in Ann Arbor Township was 254. 

Arthur Brown, 
Attorney for Contestant. 
A. J. Sawyer, 
Attorney for Returned Member. 

The foregoing stipulation, after being reduced by me to writing, was subscribed in 
my presence. 

William M. Laird, 

Notary Public, Washtenaw County, Mich. 

It is stipulated and agreed that the testimony of Lewis Hagen, an election in- 
spector of the township of Ann Arbor, he having been first duly sworn, shows that he 
initialed the ballots used in the township of Ann Arbor for the election of November 7, 
1916; that returned member's Exhibit 3, Ann Arbor Township, is one of the ballots 
used at the said election; that it is uninitialed; that witness does not know how he 
came to miss putting his initials on it; that such failure to put the initials on the ballot 
was his mistake; that said ballot was used by an elector of Ann Arbor Township at 
the election of November 7, 1916. 

Arthur Brown, 
Attorney for Contestant. 
A. J. Sawyer, 
Attorney for Returned Member. 

The foregoing stipulation, after being reduced by me to writing, was subscribed in 
my presence. 

» William M. Laird, 

Notary Public, Washtenato County , Mich. 



138 BEAKES VS. BACOlSr. 

I hereby, on this 20th day of March, A. D. 1917, ascertain that Frank C. Cole, a wit- 
ness duly subpoenaed, and who testified before me on behalf of contestant in the con- 
tested election case of Samuel W. Beakes, contestant, v. Mark R. Bacon, returned Mem- 
ber, is entitled to witness fees as follows: 

One day's attendance ; |0. 75 

One mile necessary travel 05 

Total 80 

And I hereby certify the said amount to be correct. 

William M. Laird, 
Notary Public, Washtenaiv County, Mich. 

I hereby, on this 20th day of March, A. D. 1917, ascertain that Charles F. Staebler, a 
witness duly subpoenaed and who testified before me on behalf of contestant in the 
contested election case of Samuel W. Beakes, contestant, v. Mark R. Bacon, returned 
Member, is entitled to witness fees as follows: 

One day's attendance |0. 75 

Three miles- necessary travel 15 

Total 90 

And I hereby certify the said amount to be correct. 

William M. Laird, 
Notary Public, Washtenaw County, Mich. 

I certify that the foregoing is a true and correct transcript of all proceedings had 
before me this 20th day of March, A. D. 1917. 

William M. Laikd, 
Notary Public, Washtenaw County, Mich. 

The foregoing witnesses, Charles F. Staebler, Frank C. Cole, John Dawson, R. C. 
Lamkin, William H. Every, Walter Luckhardt, Gilbert Madden, Otto Paul, Barney 
Bertke, and Emanuel Schenk, Fred C. Haist and Emanuel M. Eiseman, called on 
behalf or the returned Member, were all called pursuant to the notice to take deposi- 
tions and to the subpoenas attached thereto, and were each severally sworn by me to 
tell the truth, the whole truth, and nothing but the truth, concerning the matters at 
issue in this cause, and the testimony of each of said witnesses was thereupon reduced 
to writing in my presence and in the presence of the witness and the attorneys of the 
respective parties,. and to such testimony was added a stipulation signed by the at- 
torneys for the respective parties that such statements were true recitals of the testi- 
mony given by the respective witnesses upon their examination in this cause. 

All certified copies of records and all exhibits and papers produced and offered in 
evidence before me are attached hereto and are transmitted herewith with the testi- 
mony of such witnesses. 

All notices to take depositions, with proof of service thereof, and the subpoenas of 
all witnesses served are also attached and returned herewith. 

And I hereby certify that the foregoing, together with said exhibits, notices and 
documents, is a full and correct record and transcript of all proceedings had and taken 
before me in the said contested election case. 

[seal.] William M. Laird, 

Notary Public in and for Washtenaw County, State of Michigan. 

My commission expires March 24, 1919. 

Returned Member's Exhibits Nos. 1, 2, and 3, Official Ballots, Ann Arbor 
Township — ^William M. Laird, Notary Public. 

[Omitted in printing.] 

Returned Member's Exhibits Nos. 1 and 2, Official Ballots, Dexter Town- 
ship — William Laird, Notary Public. 

[Omitted in printing.] 

Returned Member's Exhibits Nos. 1 and 2, Official Ballots, Freedom Town- 
ship — William M. Laird, Notary Public. 

[Omitted in printing.] 



BEAKES VS. BACON. 139 

Contestant's Exhibit No. 1, Official Ballot, Freedom Township — William M. 

Laird, Notary Public. 
[Omitted in printing.] 

Contestant's Exhibit No. 1, Official Ballot, Augusta Township — William M. 

Laird, Notary Public. 
[Omitted in printing.] 

Returned Member's Exhibits Nos. 1, 2, 3, 4, and 5, Official Ballots, Augusta 
Township — William M. Laird, Notary Public. 

[Omitted in printing.] 

Contestant's Exhibit No. 1, Official Ballot, Lima Township — William M. 

Laird, Notary Public. 
[Omitted in printing.] 

Returned Member's Exhibit No. 1, Official Ballot, Lima Township — William 
M. Laird, Notary Public. 
[Omitted in printing.] 

subpoenas. 

To Herman A. Gensley and Jacob Birkle: We command and strictly enjoin upon 
you, that laying aside all manner of business and excuses whatsoever, you be and 
appear before me, the undersigned, a notary public, in and for the county of Washte- • 
naw, Mich., at the supervisor's room in the city of Ann Arbor, in said county, Michi- 
gan, at 9 o'clock a. m. on Wednesday, the 21st day of March, 1917, to testify and give 
evidence in the above entitled cause now pending on the part of the above named 
Mark R. Bacon. 

And that you bring with you at said time and place the ballot box, ballots and key, 
and election returns. 

And for failure so to do you will be deemed guilty of a misdemeanor and liable to 
an indictment and punishment therefor, as provided by the laws of the United 
States. 

Witness my hand and seal at the city of Ann Arbor, in the county of Washtenaw, 
Mich., this 14th day of March, 1917. 

William M. Laird, 
Notary Public, Washtenaw County, Mich. 

To Charles Clark and Otis Webb: We command and strictly enjoin upon you, that 
laying aside all manner of business and excuses whatsoever, you be and appear before 
me, the undersigned, a notary public in and for the county of Washtenaw, Mich., at 
the supervisor's room in the city of Ann Arbor, in said county, Michigan, at 9 o'clock 
a. m., on Wednesday the 21st day of March, 1917, to testify and give evidence in the 
above-entitled cause now pending, on the part of the abdve-named Mark R. Bacon. 

And that you bring with you at said time and place the ballot box, ballots, and key 
and election returns. 

And for failure so to do you will be deemed guilty of a misdemeanor and liable to an 
indictment and punishment therefor, as provided by the laws of the United States. 

Witness my hand and seal at the city of Ann Arbor, in the county of Washtenaw, 
Mich., this 14th day of March, 1917. 

William M. Laird, 
Notary Public, Washtenaiu County, Mich. 

To Adam Schaible and Claire Blythe: We command and strictly enjoin upon you, 
that laying aside all manner of business and excuses whatsoever, you be and appear 
before me, the undersigned, a notary public in and for the county of Washtenaw; 
Mich., at the supervisor's room in the city of Ann Arbor, in said county, Michigan, 
at 9 o'clock a. m., on Wednesday, the 21st day of March, 1917, to testify and give 
evidence in the above-entitled cause now pending, on the part of the above-named 
Mark R. Bacon. 

And that you bring with you at said time and place the ballot box, ballots, and key 
and election returns. 

And for failure so to do you will be deemed guilty of a misdemeanor and liable to an 
indictment and punishment therefor, as provided by the laws of the United States. 

Witness my hand and seal at the city of Ann Arbor, in the county of Washtenaw, 
Mich., this 14th day of March, 1917. 

William M. Laird, 
Notary Public, Washteriaw County, Mich. 



140 BEAKES VS. BACON. 

To James O'Brien and George W. Kempf: We command and strictly enjoin upon 
you, that laying aside all manner of business and excuses whatsoever, you be and 
appear before me, the undersigned, a notary public in and for the county of Wash- 
tenaw, Mich., at the supervisor's room, in the city of Ann Arbor, in said county, 
Michigan, at 9 o'clock a. m., on Wednesday, the 21st day of March, 1917, to testify 
and give evidence in the above-entitled cause now pending, on the part of the above- 
named Mark R. Bacon. 

And that you bring with you at said time and place the ballot box, ballots, and key 
and election returns. 

And for failure so to do you will be deemed guilty of a misdemeanor and liable to an 
indictment and punishment therefor, as provided by the laws of the United States. 

Witness my hand and seal at the city of Ann Arbor, in the county of Washtenaw, 
Mich., this 14th day of March, 1917. 

William M. Laird, 
Notary Public, Washtenaw County, Mich. 

State op Michigan, County of Washtenaw, ss: 

I hereby certify and return that on the 15th day of March, A. D. 1917, I served 
copies of the within and foregoing subpoenas, personally upon John O'Brien and 
George Kempf, in the township of Northfield by personally delivering to them a true 
copy thereof. 
My fees: 

Mileage - 50.50 

1.10 

Service 1-00 

Total 2. 60 

John Shankland, 
I Deputy Sheriff. 

To Forest Roberts and Harmon Gale: We command and strictly enjoin upon you, 
that laying aside all manner of business and excuses whatsoever, you be and appear 
before me, the undersigned, a notary public in and for the county of Washtenaw, 
Mich., at the supervisor's room in the city of Ann Arbor in said county, Michigan, at 
9 o'clock a. m., on Wednesday, the 21st day of March, 1917, to testify and give evidence 
in the above-entitled cause now pending, on the part of the above-named Mark K. 
Bacon. 

And that you bring with you at said time and place the ballot box, ballots, and 
key and election returns. 

And for failure so to do you will be deemed guilty of a misdemeanor and liable to 
an indictment and punishment therefor, as provided by the laws of the United States. 

Witness my hand and seal at the city of Ann Arbor, in the county of Washtenaw, 
Mich., this 14th day of March, 1917. 

William M. Laird, 
Notary Public, Washtenaw County, Mich. 

State of Michigan, County of Washtenaw, ss: 

I hereby certify and return that on the 15th day of March, A. D. 1917, I served 
copies of the within and foregoing subpoenas, personally upon Forest Roberts and Har- 
mon Gale in the township of Salem, by personally delivering to them a true copy 
thereof. 
My fees: 

Mileage •?!■ 60 

^ .20 

Service 1-00 

Total 2.80 

John Shankland, 

Deputy Sheriff. 

To Herman Gross and Ernest D. Skinner: We command and strictly enjoin upon 
you, that laying aside all manner of business and excuses whatsoever, you be and 
appear before me, the undersigned, a notary public in and for the county of Washtenaw, 
Mich., at the supervisor's room in the city of Ann Arbor, in said county, Michigan, at 
9 o'clock a. m., on Wednesday, the 21st day of March, 1917, to testify and give evidence 
in the above-entitled cause now pending, on the part of the above-named Mark R. 
Bacon. 



BEAKES VS. BACON. 141 

And that you bring with you at said time and place the ballot box, ballots and key 
and election returns. 

And for failure so to do you will be deemed guilty of a misdemeanor and liable to 
an indictment and punishment therefor, as provided by the laws of the United States. 
Witness my hand and seal at the city of Ann Arbor, in the county of Washtenaw, 
Mich., this 14th day of March, 1917. 

William M. Laird, 
Notary Public, Washtenaw County, Mich. 

NOTICE OP TAKING DEPOSITIONS. 

To Arthur Brown, 
■ Attorney for Contestant. 

Sir: You will please take notice that depositions will be taken in behalf of returned 
Member in this cause before William Laii'd, a notary public in and for the county of 
Washtenaw, State of Michigan, at the supervisor's room, in the city of Ann Arbor, 
county of Washtenaw, Mich., at 9 o'clock a. m. on Wednesday, the 21st day of March, 
1917, from the following witnesses: 

Herman A. Gensley, Jacob Birkle, Charles Clark, Otis Webb, Adam Schaible, 
Claire Blythe, James O'Brien, George W. Kempf, Forest Roberts, Harmon Gale, 
Herman Gross, and Ernest D. Skinner. 

And that you are invited to be present at the time and place above named for the 
taking of said depositions and to cross-examine the said witnesses. 
Dated March 14, 1917. 
Yours, etc., 

Guy a. Miller, 
Attorney and' Agent for the said Mark R. Bacon, Returned Member, 

2005 Dime Bank Building, Detroit, Mich. 

State of Michigan, County of Washtenav, ss: 

Andrew J. Sawyer, being first duly sworn, deposes and says that on the 14th day 
of March, A. D. 1917. he served upon Arthur Brown, the attorney for contestant, a 
true copy of the notice of taking the depositions of Herman A. Gensley, Jacob Bii-kle, 
Charles Clark, Otis Webb, Adam Schaible, Claire Blythe, James O'Brien, George 
W. Kempf, Forest Roberts, Harmon Gale, Herman Gross, and Ernest D. Skinner, 
hereto attached, by personally delivering the same to him on said day in the city 
of Ann Arbor, county of Washtenaw and State of Michigan. 

A. J. Sawyer. 

Lottie Sumner, 

Notary Public, Washtenaiv County, Mich. 

My commission expires November 19, 1919. 

depositions on behalf op returned member. 

Present: William M. Laird, notary public. 

Proceedings had before me, William M. Laird, a notary public in and for the county 
of Washtenaw, State of Michigan, which county is in the second congressional dis- 
trict of the State of Michigan sitting for the purpose of taking testimony in the above- 
entitled contested election case. 

On March 21, 1917, at 9 o'clock a. m., in the supervisor's room in the courthouse, 
in the city of Ann Arbor, in said county, I attended pursuant to the notice to take 
depositions and to the subpoena prefixed hereto. 

Appearance: Arthur Brown, attorney for contestant; Andrew J. Sawyer, attorney 
for returned Member. 

It is hereby stipulated and agreed by the respective attorneys for the parties to 
this contest that proof of the official character of William M. Laird, the notary public 
before whom depositions in this cause are about to be taken, be, and the same is hereby, 
waived. 

Arthur Brown, Attorney for Contestant. 
A. J. Sawyer, 
Attorney for Returned Member. 

The foregoing stipulation, after having been reduced to writing by me, was subscribed 
in my presence. 

William M. Laird, 
Notary Public, Wa'shtenaiv County, Mich. 



142 BEAKES VS. BACON. \ 

Saline Township, Washtenaw County. 

Mr. Brown. I object to the counting of the ballots in the township of Saline for the 
reason that the answer of the returned Member contains no specifications of any errors 
or irregularities in the official canvass of these ballots. 

It is stipulated and agreed by and between the attorneys for the respective parties 
that the testimony of Herman G. Gross, supervisor, and Ernest D. Skinner, clerk of 
Saline Townsliip, shows that Ernest D. Skinner, the clerk of said township has had 
possession of the ballot box from the close of the polls on November 7, 1916, to this 
date; that said box has been in the bank in Saline during this period of time. The 
testimony further showed that the key to the ballot box was left with one of the justices 
of the peace of the township of Saline and another justice of the peace had possession 
of the seal since said election. Skinner has not had the key and the ballot box at any 
one time since November 7, 1916, to this date. 

Arthur Brown, 
Attorney for Contestant. 
A. J. Sawyer, 
Attorney for Returned Member. 

The foregoing stipulation having first been reduced to writing by me, was sub- 
scribed in my presence. 

William M. Laird, 
Notary Public, Washtenaw County, Mich. 

It is agreed and stipulated by and between the attorneys for the respective parties 
that in Saline Township Mark R. Bacon received 298 votes, Samuel W. Beakes received 
134 votes, Frank E. Titus received 2 votes, Edward J. Koch received 1 vote, no choice 
received 11 votes. 

It is further agreed that returned herewith is contestant's Exhibit 1, Saline Town- 
ship, of a questionable vote for Samuel W. Beakes; and returned Member's Exhibits 
1, 2, 3, 4, Saline Township, of questionable votes for Mark R. Bacon. 

It is further agreed that the total vote cast in said election in Saline Township was 
451. 

Arthur Brown, 
Attorney for Contestant. 
A. J. Sawyer, 
Attorney for Returned Member. 

The foregoing stipulation, after having been reduced to wi'iting by me, was sub- 
scribed in my presence. 

William M. Laird, 
Notary Public, Washtenaw County, Mich. 

I hereby, on this 21st day of March, A. D. 1917, ascertain that Herman G. Gross, a 
witness duly subpoenaed, and who testified before meon behalf of the returned Member 
in the contested-election case of Samuel W. Beakes, contestant, v. Mark R. Bacon, 
returned Member, is entitled to witness fees as follows: 

One day's attendance $0. 75 

Twenty-four miles necessary travel 1. 20 

Total 1. 95 

And I hereby certify the said amount to be correct. 

AViLLiAM M. Laird, 
Notary Public, Washtenaw County, Mich. 

I hereby, on this 21st day of March, A. D. 1917, ascertain that Ernest D. Skinner, a 
witness duly subpoenaed, and who testified before me on behalf of the returned Member 
in the contested-election case of Samuel W. Beakes, contestant, r. Mark R. Bacon, 
returned Member, is entitled to witness fees as follows: 

One day's attendance |0. 75 

Twenty miles necessary travel 1. 00 

Total 1. 75 

And I hereby certify the said amount to be correct. 

William M. Laird, 
Notary Public, Washtenaw County, Mich. 



■^ 



BEAKES VS. BACOST. 143 

Lyndon Toivnship, Washtenaw County. 

Mr. Brown. I object to the counting of the ballots in the township of Lyndon, for 
the reason that the answer of the returned Member contains no specification of any 
errors or irregularities in the official canvass of these ballots. 

It is stipulated and agreed by and between the attorneys for the respective parties 
to this contest that the testimony of Charles Clark, supervisor, and Otis Webb, clerk of 
Lyndon Township, shows that the supervisor has had the key to the said ballot box 
since close of polls on November 7, 1916, and that the clerk of said township has had 
the ballot box and ballots in his possession since the close of the polls on November 7, 
1916, until this date; that the box has not been opened since the day of the election; 
that the box has been in the home of the township clerk during this time in a part of 
the house not frequently used ; that the padlock is a small one and not very substantial 
and that the box is not properly sealed in that the padlock is not sealed. 

Arthur Brown, 
Attorney for Contestant. 
A. J. Sawyer, 
Attorney for Returned Member. 

The foregoing stipulation, after being reduced to writing by me, was subscribed in 
my presence. 

William M. Laird, 
Notary Public, Washtenaw County, Mich. 

It is agreed by and between the attorneys for the respective parties that in Lyn- 
don Township Mark R. Bacon received 71 votes, Samuel W. Beakes received 76 
votes, Frank E. Titus received no votes, Edward J. Koch received 1 vote, no choice, 3 
votes. 

It is further agreed that returned ierewith is contestant's Exliibit 1, Lyndon Town- 
ship, of a questionable vote for Samuel W. Beakes. 

It is further agreed that the total vote cast in said election in Lyndon Township 
was 152. 

Arthur Brown, 
Attorney for Contestant. 
A. J. Sawyer, 
Attorney for Returned Member. 

The foregoing stipulation, after being reduced to writing by me, was subscribed in 
my presence. 

William M. Laird, 
Notary Public, Washtenaiv County, Mich. 

I hereby, on this 21st day of March, A. D. 1917, ascertain that Charles Clark, a 
witness duly subpoenaed, and who testified before me on behalf of the returned Mem- 
ber in the contested election case of Samuel W^. Beakes, contestant, v. Mark R. Bacon, 
returned Member, is entitled to witness fees as follows: 

One day's attendance - $0. 75 

Twenty-seven miles necessary travel 1. 35 

Total 2. 10 

And I hereby certify the said amount to be correct. 

WiLLiiVM M. Laird, 
Notary Public, Washtenaw County, Mich. 

I hereby, on this 21st day of March, A. D. 1917, ascertain that Otis Webb, a wit- 
ness duly subpoenaed, and who testified before me on behalf of the returned Mem- 
ber in the contested election case of Samuel W. Beakes, contestant, v. Mark R. Bacon, 
returned Member, is entitled to witness fees as follows: 

One day's attendance : $0. 75 

Twenty-seven miles necessary travel 1. 35 

Total - 2. 10 

And I certify that the said amount is correct. 

William M. Laird, 
Notary Public, Washtenaw County, Mich. 

At this point, at the hour of 11.30 a. m., the proceedings were adjourned by direc- 
ion of the notary, until 2 o'clock p. m. 



144 BEAKES VS. BACON. 

And on the 21st day of March, A. D. 1917, at 2 o'clock p. m., in the same place, the 
said proceedings were continued as follows: 

Manchester Township, Washtenaw County. 

Mr. Brown. I object to the counting of the ballots in the township of Manchester, 
for the reason that the answer of the returned member contains no specifications of any 
errors or irregularities in the official canvas of these ballots. 

It is stipulated and agreed by and between the attorneys for the respective parties 
to this contest that the testimony of Adam Schaible, supervisor of Manchester Town- 
ship, and Claire Blythe, clerk of Manchester Township, said township officials having 
first been duly sworn, according to law, shows that in the township of Manchester 
voting machines were used in the election held November 7, 1916; that the ballot box 
presented at this heaiing does not contain any ballots cast for United States Congress- 
men, but does contain the tally sheets showing the result of the election, taken from 
the machines; further that township clerk, Claire Blythe, has had possession of said 
ballot box and tally sheets, and the township supervisor, Adam Schaible, has had 
possession of the key to said box from the closing of the polls on November 7, 1916, to 
this date. And that said ballot box is sealed now the same as on November 7, 1916, 
and that said box is properly sealed. 

Arthur Brown, 
Attorney for Contestant. 
A. J. Sawyer, 
Attorney for Returned Member. 

The foregoing stipulation, after being reduced to writing by me, was subscribed in 

my presence. 

William M. Laird, 
Notary Public, Washtenaw County, Mich. 

I hereby, on this 21st day of March, A. D. 1917, ascertain that Adam Schaible, a 
witness duly subpoenaed, and who testified before me on behalf of the returned 
member in the contested-election case of Samuel W. Beakes, contestant, v. Mark B. 
Bacon, returned member, is entitled to witness fees as follows: 

1 day's attendance |0. 75 

35 miles necessary travel 1-75 

Total 2.50 

And I hereby certify the said amount to be correct. 

William M. Laird,. 
Notary Public, Washtenaw County, Mich. 

I hereby, on this 21st day of March, A. D. 1917, ascertain that Claire Blythe, a witness 
duly subpoenaed, and who testified before on behalf of the returned member in the 
contested-election case of Samuel W. Beakes, contestant, v. Mark R. Bacon, returned 
member, is entitled to witness fees as follows: 

1 day's attendance $0. 75 

35 miles Jiecessary travel.. 1- 75 

Total 2.. 50 

And I hereby certify the said amount to be correct. 

William M. Laird, 
Notary Public, Washtenaw County, Mich. 

Northfield Township, Washtenaw County. 

Mr. Brown. I object to the counting of the ballots in the township of Northfield, 
for the reason that the answer of the returned member contains no specifications of 
any errors or irregularities in the official canvass of these ballots. 

It is stipulated and agreed by and between the attorneys for the respective parties 
to this contest that the testimony of James O'Brien, supervisor of Northfield Town- 
ship, and George W. Kempf, clerk of Northfield Township, said township officers 
having been first duly sworn, according to law, shows that Township Clerk George W. 
Kempf has had possession of the ballot box and ballots since the close of the polls on 



BEAKES VS. BACON. 145 

Xovember 7, 1916, to this date; that said ballot box was brought to Ann Arbor and 
opened for a recount pi the votes cast for judge of probate; that said George W. Kempf 
was present at the time said box was open for recount, during the recount of said 
ballots, and when the said ballots were returned, at the end of the recount, to the 
ballot box; that when said recount was finished the box was properly sealed by the 
county clerk and that said box has never been opened since said recoimt. Further, 
that one of the justices of the peace of said township has had possession of the seal to 
this date; that supervisor had possession of key to time of recount, and that the clerk 
of the township has had possession of the key since that time; and that said box is now 
properly sealed. 

Arthur Browx, 
Attorney for Contestant. 
A. J. Sawyer, 
Attorney for Returned Member. 

The foregoing stipulation, after having been reduced to writing by me, was sub- 
scribed in my presence. 

William M. Laird, 
Notary Public, Washtenaw County, Mich. 

It is agreed and stipulated by and between the attorneys for the respective parties 
that in Northfield Township — 

Votes. 

Mark E. Bacon received 149 

Samuel W. Beakes received -i 153 

Frank E. Titus received 

Edward J. Koch received 

No choice 7 

It is further agreed that returned herewith are returned member's Exhibits 1. 2, 3, 
4, 5, 6, township of Northfield. 

It is further agreed that the total vote cast in the election of November 7, 1916, in 
Northfield Township was 315. 

Arthur Brown, 
Attorney for Contestant. 
A. J. Sawyer, 
Attorney for Returned Member. 

The foregoing stipulation, after ha^dng been reduced to writing by me, was sub- 
scribed in my presence. 

William M. Laird, 
Notary Public, Washtenaw County, Mich. 

It is further stipulated and agreed by and between the attorneys for the respective 
parties to this contest that among the ballots used in the township of Northfield were 
found six ballots, uninitialed by the inspector of election of said township. That 
four of the ballots each contained a vote for Samuel W. Beakes and two of the ballots 
each contained a vote for Mark R. Bacon. That the supervisor of the township, 
James O'Brien, and the township clerk, George W. Kempf, testified that the fact 
that these ballots were uninitialed was the fault of the inspector of election and not 
the fault of the voter; that the board of election inspectors supposed that the ballots 
had been properly initialed, and that each of the voters voted the ballots furnished 
by the election inspectors. 

Arthur Brown, 
Attorney for Contestant. 
A. J. Sawyer, 
Attorney for Returned Member. 

The foregoing stipulation, after having been reduced to writing by me, was sub- 
scribed in my presence. 

William M. Laird, 
Notary Public, Washtenaw County, Mich. 

I hereby, on this 21st day of March, A. D. 1917, ascertain that James O'Brien, a 
witness duly subpoenaed, and who testified before me on behalf of the returned mem- 

9669J^17 10 



146 BEAKES VS. BACON. 

ber in the contested-election case of Samuel W. Beakes, contestant, v. Mark R. Bacon, 
returned member, is entitled to witness fees as follows: 

1 day's attendance $0. 75 

6 miles necessary travel 30 

Total 1.05 

And I hereby certify the said amount to be correct. 

William M. Laird, 
Notary Public, Washtenaw County, Mich. 

I hereby, on this 21st day of March, A. D. 1917, ascertain that George W. Kempf, 
a witness duly subpoenaed, and who testified before me on behalf of the returned 
member in the contested-election case of Samuel W. Beakes, contestant, v. Mark R. 
Bacon, returned member, is entitled to witness fees as follows: 

1 day's attendance |0. 75 

6 miles necessary travel 30 

Total 1.05 

And I hereby certify the said amount to be correct. 

William M. Laird, 
Notary Public, Washtenaw County, Mich. 

Lodi Township, Washtenaw County. 

Mr. Brown. I object to the counting of the ballots in the township of Lodi, for the 
reason that the answer of the returned member contains no specification of any errors 
or irregularities in the official canvass of these ballots. 

It is stipulated by and between the attorneys for the respective parties hereto that 
the testimony of Herman A. Gensley, supervisor of the township of Lodi, and Jacob 
Birkle, clerk of the township of Lodi, the said township officials having been first 
duly sworn according to law, shows that Jacob Birkle, the clerk of said township, has 
had possession of the box and ballots and the seal of said township from the close of 
the polls on November 7, 1916, to this date; that Herman A. Gensley, supervisor of 
said township, has had the key to the lock of the said ballot box from November 7, 
1916, to this date. That said ballot box was brought to Ann Arbor and opened at a 
recount held for the office of the judge of probate; that said box was opened, the 
ballots counted and returned to the box and box sealed in the presence of the town- 
ship clerk and supervisor. Further, that said box is now sealed the same as it was at 
the finish of the recount and that said seal is good and proper. 

Arthur Brown, 
Attorney for Contestant. 
A. J. Sawyer, 
Attorney for Returned Member. 

The foregoing stipulation, after being reduced to writing by me, was subscribed in 

my presence. 

William M. Laird, 
Notary Public, Washtenaw County, Mich. 

It is stipulated and agreed by the attorneys to the respective parties hereto that in 

Lodi Township — 

Votes. 

Mark R. Bacon received 135 

Samuel W. Beakes received 148 

Frank E. Titus received - - 

Edward J. Koch received ^ 

No choice H 

It is further agreed that returned herewith is Contestant's Exhibits 1, 2, 3. Lodi 
Township, and returned Member's Exhibits 1. and 2, Lodi Township. 

It is further agreed that the total vote cast in the election of November 7. 1916. 
in Lodi Township was 299. 

Arthur Brown, 
Attorney for Contestant. 
A. J. Sawyer, 
Attorney for Returned Member. 



BEAKES VS. BACOX. 147 

The foregoing stipulation after being reduced to wiiting by me was subscribed in 
my presence. 

William M. Lajrd, 
Notary Public, Washtenaiv County, Mich. 

It is stipulated by and between the attorneys for the respective parties that Herman 
Gensley, supervisor of Lodi Township, having been first duly sworn, according to law, 
gave testimony which shows that when the man who voted returned Member's 
Exhibit 2. Lodi Township, came out of the booth and handed it to the election board, 
it was folded inside out and that the member of the board did not tear off the number 
of the ballot and did not count the ballot; the voter's ballot was not counted and voter 
was not offered another ballot. Reason ballot was rejected was because it was not 
folded properly. 

Retm-ned il ember's Exhibit 1, Lodi Township, was not initialed, tlu-ough qversight 
of election inspector, and failure to initial said ballot was not noticed until ballot had 
been tilled out by voter. This ballot is identical one given to voter and failure to 
initial it was oversight on part of election inspector. 

Arthur Brown, 
Attorney for Contestant. 
A. J. Sawyer, 
Attorney for Returned Member. 

The foregoing stipulation after being reduced to writing by me was subscribed in 
my presence. 

\YiLLiAM M. Laird, 
Notary Public, Washtenaw County, Mich. 

I hereby, on this 21st day of Mai'ch, A. D. 1917, ascertain that Herman A. Gensley, 
a witness duly subpoenaed, and who testified before me on behalf of the returned 
Member in the contested-election case of Samuel W. Beakes, contestant v. ^lai'k R. 
Bacon, returned Member, is entitled to witness fees as follows: 

1 day's attendance .- SO. 75 

10 miles necessary travel 50 

Total 1.25 

And I hereby certify the said amount to be correct. 

William M. Laird, 
Notary Public, Washtenaw County, Mich. 

1 hereby, on this 21st day of March. A. D. 1917, ascertain that Jacob Birkle, a witness 
duly subpoenaed, and who testified before me on behalf of the returned Member in 
the contested election case of Samuel W. Beakes, contestant, v. Mark R. Bacon, 
returned Member, is entitled to witness fees as follows: 

1 dav 's attendance SO. 75 

10 miles necessary travel 50 

Total 1. 25 

And I hereby certify the said amount to be correct. 

William M. Laird, 
Notary Public, Washtenav- County. Mich. 

Salem Totcnship, Washtenaic County. 

Mr. Browx. I object to the counting of the ballots in the township of Salem for 
the reason that the answer of the returned Member contains no specification of any 
errors or irregularities in the official canvass of these ballots. 

It is stipulated and agreed by and between the attorneys for the respective parties 
to this contest that the testimony of Forest W. Roberts, supervisor of Salem Township, 
and Harmon Gale, clerk of Salem Township, shows that the box and ballots in said 
box and the key to the lock were held by the township clerk from the closing of the 
polls on November 7. 1916, to this date; and that Forest Roberts, supervisor of said 
township, has had the possession of the seal from the 7th day of November, 3916, to 
this date; and that the box is now sealed as it was at the close of the polls on November 
7. 1916. 

Arthur Brown, 
Attorney for Contestant. 
A. J. Sawyer, 
Attorney for Returned Member. 



148 BEAKES VS. BACON, 

The foregoing stipulation, after being reduced to writing by me, was subscribed in 
my presence. 

William M. Laird, 
Notary Public, Washtenaw County, Mich. 

It is agreed and stipulated by and between the attorneys for the respective parties 

that in Salem Township — 

■^ Votes, 

Mark R. Bacon received 155 

Samuel W. Beakes received 109 

Frank E. Titus received 

Edward J. Koch received 5 

No choice 8 

It is further agreed that returned herewith is contestant's Exhibit 1, Salem Town- 
ship, of questionable vote for Beakes; and returned member's Exhibit 1, Salem Town- 
ship, of questionable vote for Bacon. 

It is further agreed that the total vote cast in said election in Salem Township 
was 279. 

Arthur Brown, 
Attorney for Contestant. 
A. J. Sawyer, 
Attorney for Returned Member. 

The foregoing stipulation, after being reduced to writing by me, was subscribed in 
my presence. 

William M. Laird, 
Notary Public, Washtenaw County, Mich. 

I hereby, on this 21st day of March, A. D. 1917, ascertain that Forrest Roberts, a 
witness duly subpoenaed, and who testified before me on behalf of the returned mem- 
ber in the contested election case of Samuel W. Beakes, contestant, v. Mark R. Bacon, 
returned Member, is entitled to witness fees as follows; 

1 day's attendance $0. 75 

18 miles necessary travel 90 

Total - 1. 65 

And I hereby certify the said amount to be correct. 

William M. Laird, 
Notary Public, Washtenaw County, Mich. 

I hereby, on this 21st day of March, A. D. 1917, ascertain that Harmon Gale, a 
witness duly subpoenaed, and who testified before me on behalf of the returned mem- 
ber in the contested-election case of Samuel W. Beakes, contestant, v. Mark R. Bacon, 
returned Memlaer, is entitled to witness fees as follows: 

1 day's attendance $0. 75 

18 miles necessary travel 9f* 

Total 1-65 

And I hereby certify the said amount to be correct. 

William M. Laird, 
Notary Public, Washtenaw County, Mich. 

1 certify that the foregoing is a true and correct transcript of all proceedings had 
before me this 21st day of March, A. D. 1917. 

William M. Laird, 
I Notary Public, Washtenaw County, Mich. 

The foregoing witnesses, Herman A. Gensley. Jacob Birkle, Charles Clark, Otis 
Webb, Adam Schaible, Claire Blythe, James O'Brien, George W. Kempf, Forest 
Roberts, Harmon Gale, Herman Gross, and Ernest D. Skinner, called on behalf of 
the returned member, were all called pursuant to the notice to take depositions and to 
the subpoenas attached hereto, and were each severally sworn by me to tell the truth, 
the whole truth, and nothing but the truth, concerning the matters at issue in this 
cause, and the testimony of each of said witnesses was thereupon reduced to writing 
in my presence and in the presence of the witness and the attorney for the respective 



BEAKES VS. BACOK". 149 

parties, and to sucli testimony was added a stipulation signed by the attorneys for 
the respective parties that such statements were true recitals of the testimony given 
by the respective witnesses upon their examination in this cause. 

All certified copies of records and all exhibits and papers produced and offered in 
e^'idence before me are attached hereto and are transmitted herewith with the testi- 
mony of such wintesses. 

All notices to take depositions, with proof of ser\-ice thereof, and the subp'Tpnas of 
all witnesses served are also attached and returned herewith. 

And I hereby certify that the foregoing, together with said exhibits, notices and 
documents, is a full and correct record and transcript of all proceedings had and 
taken before me in the said contested-election case. 

[seal.] William W. Laird, 

Notary Public in and for Washtenaw County, State of Michigan. 

My commission expires March 24', 1919. 

Returned Member's Exhibit No. 1, Official Ballot, Salem Township — Wil- 
liam M. Laird, Notary Public. 

[Omitted in printing.] 

Contestant's Exhibit No. 1, Official Ballot, Salem Township — William M. 

Laird, Notary Public. 

[Omitted in printing.] 

Returned Member's Exhibits Nos. 1 and 2, Official Ballots, Lodi Town- 
ship — William M. Laird, Notary Public. 

[Omitted in printing.] 

Contestant's Exhibits Nos. 1, 2, and 3, Official Ballots, Lodi Township — 
William M. Laird, Notary Public 

[Omitted in printing.] 

Returned Member's Exhibits Nos. 1, 2, 3, 4, 5, and 6, Official Ballots, North- 
field Township — William M. Laird, Notary Public 

[Omitted in printing.] 

Contestant's Exhibit No. 1, Official Ballot, Lyndon Township — William 
M. Laird, Notary Public 
[Omitted in printing.] 

Returned Member's Exhibits Nos. 1, 2, 3, and 4, Official Ballots, Saline 
Township — William M. Laird. Notary Public 



[Omitted in printing. 
ontestant's Exhibit 
[Omitted in printing.] 



Contestant's Exhibit No. 1, Official Ballot, Saune Township — William M. 

Laird, Notary Public 

subpcenas. 



To Jar^ub Jedele and Jay Kieth: We command and strictly enjoin upon you that, 
la\-ing aside all manner of business and excuses whatsoever, you be and appear before 
me. the undersigned, a notary public in and for the county of Washtenaw. Mich., 
at the supervisor's room in the city of Ann Arbor, in said county, Michigan, at 9 
o'clock a. m. on Thursday, the 22d day of March. 1917. to testify and give evidence 
in the above-entitled cause now pending, on the part of the above-named Mark R. 
Bacon. 

And that you bring with you at said time and place the ballot box. ballots, and 
key, and election returns. 

And for faibire so to do you will be deemed guilty of a misdemeanor and liable to 
an indictment and pimishnient therefor, as provided by the laws of the L'nited States. 

Witness mv hand and seal at the citv of Ann Arbor, in tlie countv of Washtenaw. 
Mich., this 14th day of March, 1917. 

[.SEAL.] ' William M. Laird, 

Notary Public. Washtenaiv County, Midi. 



150 BEAKES VS. BACON, 

To J. AV. Dresselliouse and George F. Alber: We command and strictly enjoin upon 
you that, laying aside all manner of business and excvises whatsoever, you be and 
appear before me, the undersigned, a notary public in and for the county of Wash- 
tenaw, Mich., at the supervisor's room in the city. of Ann Arbor in said coimty, 
Michigan, at 9 o'clock a.'m. on Thursday, the 22d day of March, 1917, to testify and 
give evidence in the above-entitled cause now pending, on the part of the above- 
named Mark R. Bacon. 

And that you bring with you at said time and place the ballot box, ballots and 
key, and election returns. 

And for failure so to do you will be deemed guilty of a misdemeanor and liaole 
to an indictment and punishment therefor, as provided by the laws of the United 
States. 

Witness my hand and seal at the city of Ann Arbor, in the coimty of Washtenaw, 
Mich., this 14th day of March, 19] 7. 

[seal.] William M. Laird, 

Notary Public. Washtenaw County, Mich. 

To George Crippen and James Court: We command and strictly enjoin upon you 
that, laying aside all manner of business and excuses whatsoever, you be and appear 
before me, the undersigned, a notary public in and for the county of Washtenaw, 
Mich., at the supervisor's room in the city of Ann Arbor in said county, Michigan, 
at 9 o'clock a. m. on Thursday, the 22d day of March, 1917, to testify and give evi- 
dence in the above-entitled cause now pending, on the part of the above-named 
Mark R. Bacon. 

And that you bring with you at said time and place the ballot box, ballots and 
key, and election returns. 

And for failure so to do you will be deenied guilty of a misdemeanor and liable to 
an indictment and punishment therefor, as provided by the laws of the United 
States. 

Witness my hand and seal at the city of Ann Arbor, in the county of Washtenaw, 
Mich., this 14th day of March, 1917. 

[seal.] William M. Laird, 

Notary Public, Washtenaiv County. Mich . 

To J. W. Van Riper and Frederick G. Broesamle: We command and strictly enjoin 
upon you that, laying aside all manner of business and excuses whatsoever, you be 
and appear before me, the undersigned, a notary public in and for the county of 
Washtenaw, Mich., at the supervisor's room in the city of Ann Arbor, in said county, 
Michigan, at 9 o'clock a. m. on Thursday, the 22d day of March, 1917, to testify 
and give e^adence in the above-entitled cause now pending, on the part of the 
above-named Mark R. Bacon. 

And that you bring with you at said time and place the ballot box, ballots and 
key, and election returns. 

And for failure so to do you will be deemed guilty of a misdemeanor and liable 
to an indictment and punishment therefor, as provided by the laws of the United 
States. 

Witness my hand and seal at the city of Ann Arbor, in the county of Washtenaw, 
Mich., this 14th day of March, 1917. 

[seal.] William M. Laird, 

Notary Public, Washtenaw County, Mich. 

To Lewis Chamberlain and Frank Preston: We command and strictly enjoin upon 
you that, laying aside all manner of business and excuses whatsoever, you be and 
appear before me, the undersigned, a notary public in and for the county of Wash- 
tenaw, Mich., at the supervisor's room in the city of Ann Arbor, in said county, Michi- 
gan, at 9 o'clock a. m. on Thursday, the 22d day of March, 1917, to testify and give 
evidence in the above-entitled cause now pending, on the part of the above-named 
Mark R. Bacon. 

And that you bring with you at said time and place the ballot box, ballots and key 
and election returns. 

And for failure so to do you will be deemed guilty of a misdemeanor and liable to an 
indictment and punishment therefor, as provided by the laws of the United States. 

Witness my hand and seal at the city of Ann Arbor in the county of Washtenaw, 
Mich., this 14th day of March, 1917. 

[seal.] William M. Laird, 

Notary Public, Washtenaw County, Mich. 



BEAKES VS. BACOIT. ~ 151 

To Jolin Lawson and Olney S. Butler: We command and strictly enjoin upon you 
that, laying aside all manner of business and excuses whatsoever, you be and appear 
before me, the undersigned, a notary public in and for the county of Washtenaw, 
Mich., at the supervisor's room in the city of Ann Arbor, in said county, Michigan, 
at9 o'clock a. m. on Thursday, the 22d day of March, 1917, to testify and give evidence 
in the above-entitled cause now pending, on the part of the above named Mark R. 
Bacon. 

And that you bring with you at said time and place the ballot box, ballots and key 
and election returns. 

And f or failure so to do you will be deemed guilty of a misdemeanor and liable to an 
indictment and punishment therefor, as provided by the laws of the United States. 

Witness my hand and seal at the city of Ann Arbor in the county of Washtenaw, 
Mich., this 14th day of March, 1917. 

William M. Laird, 
Notary Public, Washtenavj County, Mich. 

NOTICE- or TAKING DEPOSITIONS. 

To Arthur Brown, 

Attorney for Contestant. 
Sir: You will please take notice that depositions will be taken in behalf of returned 
member in this cause before William Laird, a notary public in and for the county of 
Washtenaw, State of Michigan, at the supervisor's room in the city of Ann Arljor, 
county of Washtenaw, Mich., at 9 o'clock a. m. on Thursday, the 22d day of March, 
1917, from the following witnesses: Jacob Jedele, Jay Kieth. J. W. Dresselhouse, 
George F. Alber, George Crippen, James Coui't, J. W. Van Riper, Frederick G. Broe- 
samle, Lewis Chamberlain, Frank Preston, John Lawson and Olney S. Butler. 

And that you are invited to be present at the time and place above named for the 
taking of said depositions and to cross-examine the said witnesses. 
Dated March 14, 1917. 
Yours, etc.. 

Guy a. Miller, 
Attorney and Agent for the said, Mark R. Bacon, Returned 

Member, 2005 Dime Bank Building, Detroit, Mich. 
State of Michigan, 

County of Washtenaw, ss: 
A. J. Sawyer, being first duly sworn, deposes, and says: That on the 14th day of 
March, A. D. 1917, he served upon Arthur Brown, attorney for contestant, a true copy 
of the notice of taking depositions of Jacob Jedele, Jay Kieth, J. W. Dresselhouse, 
George F. Alber, George Crippen, James Cdurt, J. W. Van Riper, Frederick G. Broe- 
samle, Lewis Chamberlain, Frank Preston, John Lawson, and Olney S. Butler, hereto, 
attached, by personally delivering the same to him on said day in the city of Ann 
Arbor, county of Washtenaw and State of Michigan. 

A. J. Sawyer. 

Lottie Sumner, 
Notary Public, Washtenaw County, Mich. 

My commission expires November 19, 1919. 

depositions on behalf of returned member. 

Present: William M. Laird, notary public. 

Proceedings had before me, William ]M. Laird, a notary public in and for Washtenaw 
County, State of ^Michigan, which coimty is in the second congressional district of the 
State of Micliigan, sitting for the purpose of taking testimony in the above-entitled 
contested-election case. 

On March 22, 1917, at 9 o'clock a. m., in the superAdsor's room in the com'thouse in 
the city of Ann Arbor, in said county, 1 attended pm'suant to the notice to take depo- 
sitions and to the subpoena prefixed hereto. 

Appearances: Arthiu* Bro^vn, attorney for contestant; Andrew J. Sawyer, attorney 
for returned member. 

It is hereby stipulated and agreed by the respective attorneys for the parties to this 
contest that proof of the official character of William M. Laird, the notary public before 
whom depositions in this case are about to be taken, be, and the same is hereby, 
waived. 

Arthur Brown, 
Attorney for Contestant. 
A. J. Sawyer, 
Attorney for Returned Member. 



152 BEAKES VS. BACON. 

The foregoing stipulation, after being reduced to writing by me, was subscribed in 
my presence. 

William M. Laird, 
Notary Public, Washtenaiv County, Mich. 

Sylvan Toiunship, Washtenaw County. 

Mr. Brown. I object to the counting of the ballots in the township of Sylvan, for 
the reason that the answer of the returned Member contains no specifications of any 
errors or irregularities in the official canvass of these ballots. 

It is stipulated and agreed by and between the attorneys for the respective parties 
that the testimony of J. W. Van Riper, supervisor, and Frederick G. Broesamle, clerk, 
of Sylvan Township, the said toMoiship officials having been first duly sworn, according 
to law, shows that the ballot box here produced has been in the possession of the town- 
ship clerk from the close of the polls on November 7, 1916, to this date; that the key 
to the lock on the said ballot box has been in the possession of the supervisor of said 
township from the close of the polls on said November 7, 1916, to this date; that the 
lock on said ballot box was sealed at the close of the polls on NoA'^ember 7, 1916, and 
has been so sealed since that date; that the seal has been in the hands of one of the jus- 
tices of the peace of said township since election day, November 7, 1916, to this date; 
and that the ballot box is properly sealed now. 

Arthur Brown, 
Attorney for Contestant. 
A. J. Sawyer, 
Attorney for Returned Member. 

The foregoing stipulation, after being reduced to writing by me, was subscribed in 
my presence. 

William M. Laird, 
Notary Public, Washtenaw County, Mich. 

It is agreed and stipulated by and between the attorneys for the respective parties 
that in Sylvan Township — 

Votes. 

Mark R. Bacon received 427 

Samuel W. Beakes received 295 

Frank E . Titus received 2 

Edward J. Koch received 9 

No choice received 11 

It is further agreed that returned herewith is Contestant's Exhibits 1 and 2, Sylvan 
Township, of questionable votes for Mark R. Bacon. 

It is further agreed that the total vote cast in said election in Sylvan Townsliip was 
746. 

Arthur Brown, 
Attorney for Contestant. 
A. J. Sawyer, 
Attorney for Returned Member. 

The foregoing stipulation, after being reduced to writing by me, was subscribed in 
my presence. 

William M. Laird, 
Notary Public, Washtenaiv County, Mich. 

I hereby, on this 22d day of March, A. D. 1917, ascertain that J. W. Van Riper, a 
witness duly subpoenaed, and who testified before me on behalf of the returned Mem- 
ber in the contested-election case of Samuel W. Beakes, contestant, r. Mark R. Bacon, 
returned Member, is entitled to witness fees as follows: 

1 day's attendance SO. 75 

18 miles necessary travel 90 

Total . . : 1 . 65 

And I hereby certify the said amount to be correct. 

William M. Laihd, 
Notary Public, Washtenaiv County, Mich. 



BEAKES VS. BACON, 153 

I hereby, on this 22cl day of March. A. D. 1917, ascertain that Frederick G. Broe- 
samle. a witness duly subpcenaed, and wlio testified before me on behalf of the re- 
tui'ned Member in the contested-election case of Samuel \Y. Beakes, contestant, v. 
Mark R. Bacon, returned Member, is entitled to witness fees as follows: 

1 day's attendance $0. 75 

18 miles necessary travel , - .90 

Total 1. 65 

And I certify the said amount to be correct. 

William M. Laird, 
Notary Public, Washtenmc County, Mich. 

Scio Tov.mship, Washtenaw County. 

Mr. Brown. I object to the counting of the ballots in the township of Scio, for the 
reason that the answer of the returned Member contains no specification of any errors 
or irregulai'ities in the official caavass of these ballots. 

It is stipulated and agreed by and between the attorneys for the respective par-ties 
to this contest that the testimony of Jacob Jedele, supervisor, and Jay Keith, clerk, of 
ScioTown.ship. said township officials having been first duly sworn according to law, 
shows that the ballot box here produced has been in the possession of Jay Keith, the 
township clerk, since the close of the polls on November 7, 1916. to this date; that the 
key to the ballot box has been in the possession of Jacob Jedele. the township super- 
visor, from the closing of the polls on the 7th day of November. 1916. to this date; that 
said ballot box was brought to Ann Arbor to recount the ballots cast for judge of pro- 
bate: that said box was opened, ballots counted, returned to ballot box, and the lock 
on said ballot box sealed by the county clerk in the presence of Jacob Jedele, super- 
visor, and Jay Keith, clerk, of Scio Township. That box produced here is properly 
sealed. 

Arthur Brown, 
Attorney for Contestant . 
A. J. Sawyer. 
Attorney for Returned Member. 

The foregoing stipulation, after being reduced to wTiting by me. was subscribed in 
my presence. 

William M. Laird, 
Notary Public. Washtenaw County, Mich. 

It is stipulated and agreed by and between the attorneys for the respective parties 
in this contest that in Scio Township — 

Votes. 

Mark R. Bacon received 209 

Samuel W. Beakes received 211 

Frank E. Titus received 1 

Edward J. Koch received 1 

No choice received 6 

It is further agreed that retm-ned herewith are contestant's Exhibits 1, 2, 3, 4, 5, 
Scio Township, "of questionable votes for Beakes; and returned' Member's Exhibits 
1, 2. 3. Scio Township, of questionable votes for Mark R. Bacon. 

It is further agreed that the total vote cast in said election in Scio Township was 436. 

Arthur Brown. 
Attorney for Contestant. 
A. J. Sawyer. 
Attorney for Returned Member. 

The foregoing stipulation, after being reduced to writing by me, was subscribed in 
my presence. 

' . William M. Laird. 

Notary Public. Washtenaic County. Mich. 

It is further stipulated and agreed by and between the attorneys for the respective 
parties that the testimony of Jacob Jedele, supervisor, and Jay Keith, clerk, of Scio 
Township, said township officials having been first duly sworn according to law. shows 
that the large figures in blue pencil of " 14 " at top of ballot on Contestant's Exhibit I. 



154 BEAKES VS. BACON. 

Scio Township, were not on the ballot when ballots were opened, and to the best of 
the knowledge and belief of supervisor and clerk the figures was marked' thereon by 
the election inspectors; that the "14" indicates the number of ballots, as no head and 
no count tickets in one pile, and as to the figure "14" returned Member's attorney 
makes no objection to the ballot; but that the lines made by blue pencil in the Pro- 
hibition column through the presidential electors were there when the ballot was 
opened. 

Mr. Jay Keith, clerk, testified that Contestant's Exhibit 3, Scio Township, was the 
identical ballot given to voter, and initials were omitted through oversight of election 
inspectors, and this was the only ballot not initialed in said township. 

Arthur Brown, 
Attornetfor Contestant. 
A. J. Sawyer, 
Attorney for Returned Member. 

The foregoing stipulation, after being reduced to writing by me, was subscribed in 
my presence, 

William M. Laird, 
Notary Public, Washtenaw County, Mich. 

I hereby, on this 22d day of March, A. D. 1917, ascertatined that Jacob Jedele, a 
witness duly subpoenaed, and who testified before me on behalf of the returned mem- 
ber in the contested-election case of Samuel W. Beakes, contestant, v. Mark R. Bacon, 
returned Member, is entitled to witness fees as follows: 

1 day's attendance $0.75 

12 miles necessary travel - 60 

Total 1.35 

And I certify the said amount to be correct. 

William M. Laird, 
Notary Public, Washtenaw County, Mich. 

I hereby, on this 22d day of March, A. D. 1917, ascertain that Jay Keith, a witness 
duly dubpoenaed, and who testified before me on behalf of the returned member 
in the contested election case of Samuel W. Beakes, contestant, v. Mark R. Bacon, 
returned Member, is entitled to \vitness fees as follows: 

1 day's attendance $0. 75 

12 miles necessary travel 60 

Total 1. 35 

And I certify the said amount to be correct. 

William M. Laird, 
Notary Public, Washtenaw County, Mich. 

York Township, second precinct, Washtenatu County. 

Mr. Brown. I object to the counting of the ballots in the townshipof York, for the 
reason that the answer of the returned member contains no specification of any errors 
or irregularities in the official canvass of these ballots. 

It is stipulated and agreed by and between the attorneys for the respective parties 
to this contest that the testimony of John Lawson, supervisor, and Olney S. Butler, 
clerk, of York Township, second precinct, said township officials, having been first 
duly sworn according to law, shows that the ballot box here produced was in pos- 
session of Olney S. Burler, the clerk of said township, from the close of the polls on 
November 7, 1916, to this date; that the seal of said township has been in the possession 
of John Lawson, the supervisor of said township, since the 7th day of November, 1916; 
that the key to said ballot box has been in the possession c5f the township clerk since 
the elction of November 7, 1916. Further, that the ballot box here produced was 
properly sealed at the close of the election on November, 7, 1916. Further, that the 
ballot box here produced was properly sealed at the close of the election on November 
7, 1916, and is still that way. • 

Further, that Olney S. Butler testified that he is certain the ballot box has not been 
opened from November 7th, 1916, to this date; that the ballot box has remained in 
his home in a store room during this period of time. 

Arthur Brown, 
Attorney for Contestant. 
A. J. Sawyer, 
Attorney for Returned Member. 



BEAKES vs. BACON. • 155 

The foregoing stipulation, after being reduced to writing by me was subscribed in 
my presence. 

William M. Laird, 
Notary Public, Washtenaw County, Mich. 

It is stipulated and agreed by and between the attorneys for the respective parties 
in tills contest that in York Yownship, second precinct — 

Votes. 

Mark R. Bacon received 230 

Samuel W. Beakes received , 156 

Frank E. Titus 1 

Edward J. Koch 3 

No choice received . . , 8 

It is further agreed that returned herewith is contestant's Exhibits 1 and 2, York 
Township, second precinct, of questionable vote for Beakes. 

It is fiu-ther agreed that the total vote cast in said election in York Township, second 
precinct, was 400. 

Arthur Brown, 
Attorney for Contestant. 
A. J. Sawyer, 
Attorney for Returned Member. 

The foregoing stipulation, after being reduced to ^vriting by me, was subscribed in 
my presence. 

William M. Laird, 
Notary Public, Washtenaw County, Mich. 

I hereby, on this 22d day of March. A. D. 1917, ascertain that John Lawson. a witness 
duly subpoenaed, and who testified before me on behalf of the retm-ned member in the 
contested election case of Samuel W. Beakes, contestant, r. Mark R. Bacon, returned 
Member, is entitled to witness fees as follows: 

1 day 's attendance -. SO. 75 

22 nules necessary travel. . , 1. 10 

Total 1. 85 

And I certify the said account to be correct. 

William M. Laird, 
Notary Public. Washtenaw County, Mich. 

I hereby, on this 22d day of March, A. D. 1917, ascertain that Olney S. Butler, a 
witness duly subpoenaed, and who testified l^efore me on behalf of the returned member 
in the contested-election case of Samuel W. Beakes, contestant, v. Mark E. Bacon, 
returned Member, is entitled to witness fees as follows: 

1 day 's attendance $0. 75 

22 miles necessary travel 1. 10 

Total 1. 85 

And I certif}- the said amount to be correct. 

William M. Laird, 
Notary Public, Washtenaiv County, Mich. 

At this point, at the hour of 12.05 p. m. the proceedings were adjourned by direction 
of the notar}' until 1 p. m. 

And on the 22d day of March, A. D. 1917, at 1 o'clock in the afternoon in the same 
place, the proceedings were continued as follows: 

Sharon Township, Washtenaw County. 

Mr. Browx. I object to the counting of the ballots in the township of Sharon for 
the reason that the answer of the retui-ned Member contains no specification of any 
errors or irregularities in the official canvass of these ballots. 

It is stipulated and agi'eed by and between the attorneys for the respective parties 
to this contest that the testimony of John W. Dresselhouse, supervisor, and George F. 
Alber, clerk, of said Sharon Township, said township oSicers having been first duly 
sworn, according to law, shows that the ballot box here produced has been in the pos- 
session of George F. Alber from the close of the polls on November 7, 1916, to this date; 
that the key to the lock on said box has been in the possesion of George F. Alber from 
the close of' the polls on November 7, 1916, to this date; that one of the justices of the 



156 . BEAKES VS. BACON. 

peace of said township has had possession of the seal since the 7th day of November, 
1916, to this date; that the ballot box produced here has never been opened since 
the 7th day of November. 1916, and that the box is now properly sealed. 

Arthur Brown, 
Attorney for Contestant. 
A. J. Sawyer, 
Attorney for Returned Member. 

The foregoing stipulation, after being reduced to writing by me, was subscribed in 
my presence. * 

William M. Laird, 
Notary Public, Washtenaw County, Mich. 

It is agreed and stipulated by and between the attorneys for the respective parties 
that in Sharon Township — 

Votes. 

Mark R. Bacon received 119 

Samuel F. Beakes received 99 

Frank E. Titus 6 

Edward J. Koch. 1 

No choice 10 

It is further agreed that returned herewith is contestant 's Exhibit 1 , Sharon Town- 
ship, of questionable vote for Beakes; and returned Member's Exhibits 1 and 2) 
Sharon Township, of questionable vote for Bacon. 

It is further agreed that the total vote cast in said election of November 7, 1916, in 
Sharon Township was 238. 

Arthur Brown, 
Attorney for Contestant. 
A. J. Sawyer, 
Attorney for Returned Member. 

The foregoing stipulation, after being reduced to writing by me, was subscribed in 
my presence. 

William M. Laird, 
Notary Public, Washtenaw County, Mich. 

I hereby on this 22d day of March, A. D. 1917, ascertain that John W. Dresselhouse, 
a witness duly subpoenaed, and who testified before me on behalf of the returned 
Member in the contested-election case of Samuel W. Beakes, contestant, v. Mark R. 
Bacon, returned Member, is entitled to witness fees as follows: 

1 day's attendance §0.75 

28 miles necessary travel 1. 40 

Total : 2.15 

And I certify the said amount to be correct. 

William M. Laird, 
Notary Public, Washtenaw County, Mich. 

I hereby, on this 22d day of March, A. D. 1917, ascertain that George F. Alber, a 
witness duly subpoenaed, and who testified before me on behalf of the returned Member 
in the contested-election case of Samuel W. Beakes v. Mark R. Bacon, returned Mem- 
ber, is entitled to witness fees as follows: 

1 dav's attendance - !ji0. 75 

39 niiles 1. 95 

Total 2. 70 

And I certify the said amount to be correct. 

William M. Laird, 
Notary Public, Washtenaw County, Mich. 

Superior Township, Washtenaw County. 

Mr. Brown. I object to the counting of the ballots in the township of Superior for 
the reason that the answer of the returned member contains no specification of any 
errors or irregularities in the official canvass of these ballots. 



BEAKES VS. BACON. 157 

It is stipulated and agreed by and between the attorneys for the respective parties 
to this contest that the testimony of George Crippen, supervisor, and James Court, 
clerk of said Superior Township, said township officers having been first duly sworn 
according to law, shows that the ballot box here produced has been in the possession 
of James Court, clerk, from the close of the polls on November 7, 1916, to this date; 
that the key to the lock on the said box has been in the possession of George Crippen, 
supervisor, from the close of the polls on November 7, 1916, to this date; ballot box 
has been at home of clerk from November 7, 1916, to this date, and has not in any 
manner been disturbed; the seal has been in the possession of one of the justices of 
the peace of the township from November 7, 1916; box was properly sealed at the 
close of the polls on November 7, 1916, and is still so sealed. 

Arthur Brown, 
Attorney for Contestant. 

A. J. Sawyer, 
Attorney for Returned Member. 

The foregoing stipulation, after being reduced to writing by me, was subscribed in 
my presence. 

William M. Laird, 
Notary Public, Washtenaw County, Mich. 

It is agreed and stipulated by and between the attorneys for the respective parties 
that in Superior Township — 

Mark R. Bacon received - 102 

Samuel W. Beakes received 104 

Frank E. Titus received 3 

Edward J. Koch received 

No choice 5 

It is further agreed that the total vote cast in said election in said township of Supe- 
rior was 214. 

Arthur Brown, 
Attorney for Contestant. 

A. J. Sawyer, 
Attorney for Returned Member. 

The foregoing stipulation, after being reduced to writing by me, was subscribed in 
my presence. 

William M. Laird, 
Notary Public^ Washtenaw County, Mich. 

I hereby, on this 22d day of March, A. D. 1917, ascertain that George Crippen, a 
witness duly subpoenaed, and who testified before me on behalf of the returned Mem- 
ber in the contested-election case of Samuel W. Beakes, contestant, v. Mark R. Bacon, 
returned Member, is entitled to witness fees as follows: 

1 day's attendance $0. 75 

15 miles necessary travel 75 

Total 1. 50 

And I certify the said amount to be correct. 

William M. Laird, 
Notary Public, Washtenaw County, Mich. 

I hereby, on this 22d day of March, A. D. 1917, ascertain that James Court, a witness 
duly subpoenaed, and who testified before me on behalf of the returned Member in 
the contested-election case of Samuel W. Beakes, contestant, v. Mark R. Bacon, 
returned Member, is entitled to witness fees as follows: 

1 day's attendance $0.-75 

15 miles necessary travel 75 

Total 1. 50 

And I certify the said amount to be correct. 

William M. Laird, 
Notary Public, Washtenaw County, Mich. 



158 BEAKES VS. BACON. 

Webster Township, Washtenaw County. 

Mr. Brown. I object to the counting of the ballots in the township of Webster for 
the reason that the answer of the retm-ned Member contains no specifications of any 
errors or irregularities in the official canvass of these ballots. 

It is stipulated and agreed by and between the attorneys for the respective part,ies 
to this contest that the testimony of Lewis Chamberlain, supervisor, and Frank Pres- 
ton, clerk of said Webster Township, said township officers having been first duly 
sworn according to law, shows that the ballot box here produced has been in the 
possession of Frank Preston, clerk of said township, from the closing of the polls on 
November 7, 1916, to this date; that the key to the lock of said box has been in the 
possession of Lewis Chamberlain, supervisor of said township, from the closing of 
the polls on November 7, 1916, to this date; that said ballot box produced here was 
brought to Ann Arbor to recount the votes cast for judge of probate; that said town- 
ship supervisor and clerk were both present when the box was opened for the recount, 
while said ballots were being recounted, and when the ballots were returned to the 
ballot box; that after said recount lock on said ballot box was sealed by the county 
clerk, which seal was proprely made and is still intact. 

Arthur Brown, 
Attorney for Contestant. 
A. J. Sawyer, 
Attorney for Returned Member. 

The foregoing stipulation, after being reduced to writing by me, was subscribed in 
my presence. 

William M. Laird, 
Notary Public, Washtenaw County, Mich. 

It is stipulated and agreed by and between the attorneys for the respective parties 
that in Webster Township — 

Votes. 

Mark R.'Bacon received 103 

Samuel W. Beakes received 73 

Frank E. Titus received 1 

Edward J. Koch received 1 

No choice 5 

It is further agreed that returned herewith is returned Member's Exhibit 1, Web- 
ster Township, of a questionable vote for Bacon. 

It is further agreed that the total vote cast in said election of November 7, 1916, in 
Webster Township was 184. 

Arthur Brown, 
Attorney for Contestant. 
A. J. Sawyer, 
Attorney for Returned Member. 

The foregoing stipulation, after being reduced to writing by me, was subscribed 
in my presence. 

William M. Laird, 
Notary Public, Washtenaw County, Mich. 

I hereby, on this 22d day of March, A. D. 1917, ascertain that Lewis Chamberlain, 
a witness duly subpoenaed, and who testified before me on behalf of the returned 
'Member, in the contested election case of Samuel W. Beakes, contestant, v. Mark R. 
Bacon, returned Member, is entitled to witness fees as follows: 

1 day's attendance |0. 75 

15 miles travel 75 

Total 1. 50 

And I certify the said amount to be correct. 

William M. Laird, 
Notary Public, Washtenaw County, Mich. 

I hereby, on this 22d day of March, A. D. 1917, ascertain that Frank Preston, a wit- 
ness duly subpoenaed, and who testified before me on behalf of the returned Mem- 
ber in the contested election case of Samuel W. Beakes v. Mark B. Bacon, is entitled 
to witness fees as follows: 



BEAKES VS. BACON. 159 

1 day's attendance $0. 75 

1 5 miles necessary travel ■ 75 

Total 1. 50 

And I certify the said amount to be correct. 

William M. Laird, 
Notary Public, Washtenaiv County, Mich. 

I certify that the foregoing is a true and correct transcript of all proceedings had 
before me this 22d day of March, A. D. 1917. 

William M. Laird, 
Notary Public, Washtenaw County, Mich. 

The foregoing witnesses, Jacob Jedele, Jay Kieth, J. W. Dresselhouse, George F. 
Alber, George Crippen, James Court, J. W. Van Riper, Frederick G. Broesamle, 
Lewis Chamberlain, Frank Preston, John Lawson, and Olney S. Butler, called on 
behalf of the returned member, were all called pursuant to the notice to take depo- 
sitions and to the subpoenas attached hereto, and were each severally sworn by me to 
tell the truth, the whole truth, and nothing but the truth concerning the matters at 
issue in this cause, and the testimony of each of said witnesses was thereupon reduced 
to writing in my presence and in the presence of the witness and the attorneys of the 
respective parties, and to such testimony was added a stipulation signed by the attor- 
neys for the respective parties that such statements were true recitals of the testimony 
given by the respective witnesses upon their examination in this cause. 

All certified copies of records and all exhibits and papers produced and offered in 
evidence before me are attached hereto and are transmitted herewith with the testi- 
mony of such witnesses. 

All notices to take depositions, \vith proof of service thereof and the subpoenas of all 
witnesses served are also attached and returned herewith. 

And I hereby certify that the foregoing, together with said exhibits, notices and 
documents, is a full and correct record and transcript of all proceedings had and taken 
before me in the said contested-election case. 

[seal.] William M. Laird, 

Notary Public in and for Washtenaiv County, Mich. 

My commission expires March 24, 1919. 

Returned Member's Exhibit No. 1, Official Ballot, Webster Township- 
William M. Laird, Notary Public. 

[Omitted in printing.] 

Contestant's Exhibit No. 1, Official Ballot, Sharon Township — -William M. 

Laird, Notary Public. 
[Omitted in printing.] 

Returned Member's Exhibits Nos. 1 and 2, Official Ballots, Sharon Town- 
- ship — ^WiLLiAM M. Laird, Notary Public. 

[Omitted in printing.] 

Contestant's Exhibits Nos. 1 and 2, Official Ballots, York Township — ^Wil- 
LiAM M. Laird, Notary Public. 

[Omitted in printing.] 

Contestant's Exhibits Nos. 1, 2, 3, 4, and 5, Official Ballots, Scio Township- 
William M. Laird, Notary Public. 

[Omitted in printing.] 

Returned Member's Exhibits Nos. 1, 2, and 3, Official Ballots, Scio Town- 
ship — William M. Laird, Notary Public. 

[Omitted in printing.] 

Contestant's Exhibits Nos. 1 and 2, Official Ballots, Sylvan Township- 
William M. Laird, Notary Public. 

[Omitted in printing.] 



160 BEAKES VS. BACON. 

SUBPCENAS. 

To Perry Watling and Luman A. Seamans: We command and strictly enjoin upon 
you that, laying aside all manner of business and excuses whatsoever, you be and 
appear before me, the undersigned, a notary public in and for the county of Washte- 
naw, Mich., at the supervisor's room, in the city of Ann Arbor, in said coutny, Michi- 
gan, at 9 o'clock a. m. on Friday, the 23d day of March, 1917, to testify and give 
evidence in the above-entitled cause now pending, on the part "of the above-named 
Mark R. Bacon. 

And that you bring with you at said time and place the ballot box, ballots, and 
key, and election returns. 

And for failure so to do you will be deemed guilty of a misdemeanor and Uable to 
an indictment and punishment therefor, as provided by the laws of the United States. 

Witness my hand and seal at the city of Ann Arbor, in the county of WashtenaM^, 
Mich., this 14th day of March, 1917. 

[seal.] William M. Laird, 

Notary Public, Washtenaw County, Mich. 

To Sumner Damen: We command and strictly enjoin upon you that, laying aside 
all manner of business and excuses whatsoever, you be and appear before me, the 
undersigned, a notary pubUc in and for the county of Washtenaw, Mich., at the 
supervisor's room, in the city of Ann Arbor, in said coimty, Michigan, at 9 o'clock 
a. m. on Friday, the 23d day of March, 1917, to testify and give evidence in the above- 
entitled cause now pending, on the part of the above-named Mark R. Bacon. 

And that you bring with you at said time and place the ballot box, ballots, and key, 
and election returns. 

And for failure so to do you will be deemed guilty of a misdemeanor and liable to 
an indictment and punishment therefor, as provided by the laws of the United States. 

Witness my hand and seal at the city of Ann Arbor, in the county of Washtenaw, 
Mich., this 14th day of March, 1917. 

[seal.] • William M. Laird, 

Notary Public, Washtenavj County, Mich. 

NOTICE OP TAKING DEPOSITIONS. 

To Arthur Brown, 

Attorney for Contestant. 
Sir: You will please take notice that depositions will be taken in behalf of returned 
Member in this cause before WilUam Laird, a notary pubhc in and for the county of 
Washtenaw, State of Michigan, at the supervisor's room, in the city of Ann Arbor, 
county of Washtenaw, Mich., at 9 o'clock a. m. on Friday, the 23d day of March, 1917, 
from the following witnesses: Perry Wathng, Luman A. Seamans, and Sumner Damen. 
And that you are invited to be present at the time and place above named for the 
taking of said depositions and to cross-examine the said witnesses. 
Dated March 14, 1917. 
Yours, etc., 

Guy a. Miller, 
Attorney and Agent for the said Mark R. Bacon, Returned Member, 

2005 Dime Bank Building, Detroit, Mich. 

State of Michigan, 

County of Washtenaw, ss: 
,A. J. Sawyer, being first duly sworn, deposes and says, that on the 14th day of 
March, A. D. 1917, he served upon Arthur Brown, attorney for contestant, a true 
copy of the notice of taking depositions of Perry Wathng, Luman A. Seamans, and 
Sumner Damen, hereto attached, by personally dehvering the same to him on said 
day in the city of Ann Arbor, county of Washtenaw and State of Michigan. 

A. J. Sawyer. 
Lottie Sumner, 
Notary Public, Washtenaw County, Mich. 
My commission expires November 19, 1919. 

depositions on behalf of 'returned member. 

Present: William M. Laird, notary public. 

Proceedings t»ad before me, William M. Laird, a notary public in and for Washte- 
naw County, State of Michigan, which county is in the second congressional district 
of the State of Michigan, sitting for the purpose of taking testimony in the above- 
entitled contested-election case. 



BEAKES VS. BACON. 161 

On March 23, 1917, at 9 o'clock a. m., in the supervisor's room in the courthouse 
in the city of Ann Arbor in said county, I attended piu-suant to the notice to take 
depositions and to the subpoena prefixed hereto. 

Appearances: Arthrn- Brown, attorney for contestant; Andrew J. Sawyer, attorney 
for returned Member. 

It is herebv stipulated and agreed by the respective attorneys for the parties to 
this contest that proof of the official character of William M. Laird, the notary public 
before whom depositions in this cause are about to be taken, be, and the same is 
hereby, waived. 

Arthur Brown, 
Attorney for Contestant. 
A. J. Sawyer, 
Attorney for Returned Member. 

The foregoing stipulation after being reduced to writing by me was subscribed in 
my presence. 

William M. Laird, 
Notary Public, Washtenaw County, Mi<^. 

Ypsilanti Township, Washtenaw County. 

ilr. Brown. I object to the counting of the ballots in the township of Ypsilanti 
for the reason that the answer of the returned Member contains no specifications of 
any errors or irregularities in the official canvass of these ballots. 

it is stipulated and agreed by and between the attorneys for the respective parties 
to this contest that the testimony of Perry Watling, supervisor, and Luman A. 
Seamans, clerk, of said township, said to-wnship officers having been first duly sworn 
according to law, shows that the ballot box here produced has been in the possession 
of Luman A. Seamans, the township clerk, since the close of the polls on November 7, 
1916, to this date; that the key to the lock of said box has been in the possession of 
Peri'y Watling, the township supervisor, since the close of the polls on November 7, 
1916, to this date; that the township seal has been in the possession of one of the 
justices of the peace of said township since sealing the ballot box on November 7, 1916; 
that the ballot box was properly sealed at the close of the polls on November 7, 1916, 
and is still properly sealed; box has been in home of clerk since election day, Novem- 
ber 7, 1916, to this date; and said clerk is positive that it has not been tampered 
with in any way. 

Arthur Brown, 
Attorney for Contestant. 
A. J. Sawyer, 
Attorney for Returned Member. 

The foregoing stipulation after being reduced to writing by me was subscribed in 
my presence. 

William M. Laird, 

Notary Public, Washtenaw County, Mich. 

It is agreed and stipulated by and between the attorneys for the respective parties 
that in Ypsilanti Township — • 

Votes. 

Mark R. Bacon received 138 

Samuel W. Beakes received 106 

Frank E . Titus received 4 

Edward J. Koch received 2 

No choice 8 

It is fmther agreed that returned herewith is contestant's Exhibit 1, Ypsilanti 
Township, of a claimed vote for Beakes; and returned member's Exhibit 1, Ypsilanti 
Township, of a questionable vote for Bacon. 

It is further agreed that the total vote cast in Ypsilanti Township at the election 
of November 7, 1916, was 261. 

Arthur Brown, 
Attorney for Contestant. 
A. J. Sawyer, 
Attorney for Returned Member. 

The foregoing stipulation after being reduced to writing by me was subscribed in 
my presence. 

William M. Laird, 
Notary Public, Washtenaw County, Mich. 
96694—17 11 



162 BEAKES VS. BACON. 

It is further agreed by and between the attorneys for the respective parties that the 
testimony of Perry Watling, supervisor, and Luman A. Seamans, township clerk, 
shows that contestant's Exhibit 1, Ypsilanti Township, has no initial on the back; 
that said ballot is the identical one given to a voter who voted the same; that if the 
initials of the inspector were originally on the ballot they were torn off by the inspector 
after the voter had voted; and if the ballot was uninitialed when given to the voter it 
was through the inadvertance of the inspector. The ballot now shows the irregular 
tearing. 

Arthur Brown, 

Attorney for Contestant. 
A. J. Sawyer, 
Attorney for Returned Member. 

The foregoing stipulation after being reduced to writing by me was subscribed in 
my presence. 

William M. Laird, 
Notary Public, Washtenaw County, Mich. 

Iliereby, on this 23d day of March, A. D. 1917, ascertain that Perry Watling, a 
witness duly subpoenaed, and who testified before me, on behalf of the returned 
member in the contested-election case of Samuel W. Beakes, contestant, v. Mark R. 
Bacon, returned member is entitled to witness fees as follows: 

1 day's attendance $0. 75 

14 miles necessary travel 70 

Total 1. 45 

And I hereby certify the said amount to be correct. 

William M. Laird, 
Notary Public, Washtenaw County, Mich. 

I hereby, on this 23d day of March, A. D. 1917, ascertain that Luman A. Seamans, a 
witness duly subpoenaed, and who testified before me,* on behalf of the returned 
member in the contested-election case of Samuel W. Beakes, contestant, v. Mark R. 
Bacon, returned member is entitled to witness fees as follows: 

1 daj^'s attendance $0. 75 

15 miles necessary travel 75 

Total -• ;. 1.50 

And I hereby certify the said amount to be correct. 

William M. Laird, 
Notary Public, Washtenaw County, Mich. 

Ypsilanti City, Washtenaw County. 

Mr. Brown. I object to the counting of the ballots in the city of Ypsilanti for the 
reason that the answer of the returned member contains no specifications of any errors 
or irregularities in the official canvass of these ballots. 

It is stipulated and agreed by and between the attorneys for the respective parties 
to this contest that the testimony of Sumner Damen, clerk of the city of Ypsilanti, 
said city official having been first duly sworn, according to law, shows that he is city 
clerk of the city of Ypsilanti and as such* is custodian of the ballot boxes and ballots 
of each ward, of which there are five; that he has had the ballot boxes in his possession 
since November 7, 1916, except for a period of time of about one week's duration 
extending from and after the primary election of March 7, 1917. That on March 6 
the ballots were removed by the clerk from the respective ballot boxes and put in a 
box in the basement of the city hall, and separated according to their wards, where 
they remained for about a week after said primary election ; that upon the return of the 
ballot boxes the ballots were returned to their respective ballot boxes bj' the clerk 
and said boxes were then sealed by him. That the Lox in which the ballots were put 
by the clerk, was unlocked during the time that the ballots were out of the ballot 
boxes, and said box was kept in the basement of the city hall; the basement being 
locked but the janitor and police force of Ypsilanti had access to the basement where 
the ballots were kept during the time the ballots were out of their respective ballot 
boxes. 

Arthur Brown, 
Attorney for Contestant. 

A. J. Sawyer, 
Attorney for Returned Member. 



BEAKES VS. BACOlsr. 163 

The foregoing stipulation after being reduced to writing by me was subscribed in 
my presence. 

William M. Laird, 
Notary Public, Washtenaw County, Mich. 

Mr. Brown. I object to the recount of the ballots of the five wards of the city of 
Ypsilanti for the reason that the ballots have been taken from their respective ballot 
boxes, as indicated in the testimony of the city clerk, and were not preserved in the 
sealed ballot boxes according Xo law. 

I hereby, on this 23d day of March, A. D. 1917,- ascertain that Sumner Damen, a 
witness duly subpoenaed, and who testified before me on behalf of the returned mem- 
ber in the contested-election case of Samuel W. Beakes, contestant, v. Mark R. Ba- 
con, returned member, is entitled to witness fees as follows: 

1 day's attendance $0. 75 

10 miles travel 50 

Total 1. 25 

And I hereby certify the said amount to be correct. 

William M. Laird, 
Notary Public, Washtenaw County, Mich. 

I certify that the foregoing is a true and correct transcript of all proceedings had 
before me this 23d day of March, A. D. 1917. 

William M. Laird, 
Notary Public, Washtenaw County, Mich. 

The foregoing witnesses, Sumner Damen, Perry Watling, and Luman A. Seamans, 
called on behalf of the returned member, were all called pursuant to the notice to 
take depositions and to the subpoenaes attached hereto and were each severally sworn 
by me to tell the truth, the whole truth, and nothing but the truth, concerning the 
matters at issue in this cause, and the testimony of each of said witnesses was there- 
upon reduced to writing in my presence and in the presence of the witness and the 
attorneys of the respective parties, and to such testimony was added a stipulation 
signed by the attorneys for the respective parties that such statements were true 
recitals of the testimony given by the respective witnesses upon their examination in 
this cause. 

All certified copies of records and all exhibits and papers produced and offered in 
evidence before me are attached hereto and are transmitted herewith with the testi- 
mony of such witnesses. 

All notices to take depositions, with proof of service thereof, and the subpoenas of all 
witnesses served are also attached and returned herewith. 

And I hereby certify that the foregoing together with said exhibits, notices, and 
documents, is a full and correct record and transcript of all proceedings had and taken 
before me in the said contested-election case. 

[seal.] William M. Laird, 

Notary Public in and for Washtenaw County, Mich. 

My commission expires March 24, 1919. 

Returned Member's Exhibit No. 1, Official Ballot, Ypsilanti Township — 
William M. Laird, Notary Public. 

[Omitted in printing.] 

Contestant's Exhibit No. 1, Official Ballot, Ypsilanti Township — William 

Laird, Notary Public. 



[Omitted in printing. 



notice of taking depositions. 



To Arthur Brown, 

Attorney for Contestant. 
Sir : You will please take notice that the depositions will be taken in behalf of the 
returned Member in this cause before James S. Allen, a notary public in and for the 
county of Jackson and State of Michigan, at the supervisor's room in the city of Jackson 
and county of Jackson, State of Michigan, at 9 o'clock in the forenoon on Monday, the 
26th day of March, Wednesday, the 28th day of March, Thursday, the 29th day of 
March, and Friday, the 30th day of March, A. D. 1917, from a witness known as 
Chfton Vedder, the city clerk of the city of Jackson, upon which days the ballot 



164 BEAKES VS. BACON. 

boxes at the November election of 1916 will be opened and the ballots counted in 
the above-entitled cause, and that you are invited to be present at the time and 
place above named for the taking of said depositions, and to cross-examine said 
witnesses and examine said ballot boxes, ballots, and supplies. 
Dated this 17th day of March, A. D. 1917. 
Yours, etc., 

Guy a. Miller, 
Attorney and Agent/or said Mark R. Bacon, Returned Member, 

2005 Dime Bank Building, Detroit, Mich. 

State op Michigan, 

County of Washtenaw, ss: 
A. J. Sawyer, one of the attorneys in the foregoing cause, being first duly sworn, 
deposes and says: That upon the 17th day of March, A. D. 1917, he personally dehvered 
to Arthur Brown, attorney for the contestant, a copy of the notice of taldng depositions, 
the original of which is hereto attached. 

A. J. Sawyer, of Counsel. 
Dated this 17th day of March, A. D. 1917. 

Subscribed and sworn to before me this 17th day of March, A. D. 1917. 

Lottie Sumner, 
Notary Public, Washtenaw County, Mich. 

My commission expires November 19, 1919. 

notary's subpcena. 

To CUfton Vedder, city clerk of the city of Jackson, county of Jackson, and State 
of Michigan: We command and strictly enjoin upon you that, laying aside all manner 
of business and excuses whatsoever, you be and appear before me, the undersigned, 
a notary public in and for the county of Jackson, Mich., at the supervisor's room in 
the county building in said county, Michigan, at 10 o'clock a. m. on Monday, the 
26th day of March, 1917. to testify and give evidence in the above-entitled cause now 
pending, on the part of the above-named Mark R. Bacon. 

And that you bring with you at said time and place the ballot boxes of the city 
of Jackson, containing the ballots of the November, 1916, election, of the first precinct 
in the first ward ; the second precinct in the second ward ; two precincts in the third 
ward; three precincts in the fourth ward; three precincts in the fifth ward; three 
precincts in the fourth ward; three precincts in the fifth ward; three precincts in the 
sixth ward ; three precincts in the seventh ward ; and two precincts in the eighth ward. 

And that you be and appear before me in the supervisor's room in said county 
building with the ballots, ballot boxes, and other election returns contained in each 
ballot box, from day to day and time to time thereafter, as the same may be adjourned 
or continued, until you are by me discharged or until each of the ballots cast in the 
city of Jackson at the election aforesaid have been counted. 

And for failure so to do you will be deemed guilty of a misdemeanor and liable 
to an indictment and punishment therefor, as provided by the laws of the United 
States. 

Witness my hand and seal at the city of Jackson in the county of Jackson, Mich., 
this 19th day of March, 1917. 

[seal.] James S. Allen, 

Notary Public, Jackson County, Mich. 

State of Michigan, County of Jackson: 

I hereby certify and return that on the 21st day of March, A. D. 1917, I served per- 
sonally a copy of the above and foregoing subpoena upon Clifton Vedder, of the city 
of Jackson, by personally delivering the same to him in the city of Jackson, county 
of Jackson, and State of Michigan. 

Verl W. Kutt, 
Deputy Sheriff, Jackson County, Mich. 
My fees, 11.10. 

depositions on behalf of contestee. 

Present- James S. Allen, notary public. 

Proceedings had before me, James S. Allen, a notary public in and for Jackson 
(Jounty, State of Micliigan, which county is in the second congressional district of 
the State of Michigan, sitting for the purpose of taking testimony in tlic aljove-men- 
tioned contested-election case. 



BEAKES VS. BACON. 165 

On March 26, 1917. at 10 o'clock a. m.. in the supervisor's room in the courthouse 
in the city of Jackson, in said county, I attended pursuant to the notice to take depo- 
sitions and to the subptpna prefixed heretvo. 

Appearances: Arthur Brown, attorney for contestant; Andrew J. Sawyer, attorney 
returned Member. 

It is hereby stipulated and agreed by the attorneys for the respective parties to 
this contest that proof of the official character of James R. Allen, the notary public 
before whom depositions in this cause are about to be taken, be, and the same is 
hereby, waived. 

Arthur Brown, 
Attorney for Contestant. 
A. J. Sawyer, 
Attorney for Returned Member. 

The foregoing stipulation, after being reduced to writing by me, was subscribed in 
my presence. 
[seal.] James S. Allen, 

Notary Public, Jackson County, Mich. 

First V (ird, city of Jackson, Jackson County. 

Mr. Brown, f object to the counting of the ballots for thecity of Jackson, county 
of Jackson, for the reason that the answer of the returned member contains no speci- 
fications of any errors or irregularities in the official canvass of these ballots. 

The statutory requirement that a copy of the notice of contest and the answer of 
the returned member thereto should be attached to the deposition was waived by 
stipulation in writing, signed by the attorneys for the respective parties and attached 
to the deposition taken on behalf of contestant at R,omuIus. Wavne County. March 2, 
1917. 

CTjIFTON H. VEDDER. being called as a witness on behalf of the returned Mem- 
ber, was examined and testified as follows: 

That in the first ward of the city of Jackson three ballot boxes were used by the board 
of election inspectors at ,the November 7, 1916, election; that the ballot boxes are the 
same kind of boxes as those described in the deposition of this witness taken on behalf 
of contestant on February 21, 22, and 23. last, and the boxes alter election were deliv- 
ered to him and kept by him in a room known as the storeroom in the city hall; that 
he and his deputy have had the key to said room, and that whenever the room has 
been visited by any persons whatsoever, either he or h^s deputy were present: that 
the boxes are sealed and locked in the same manner as the boxes were sealed and 
locked in the first precinct of the second ward, there being no seal over the padlock 
of the boxes, the top of the box being sealed ; that the ballots have not been tampered 
with in any way and are the same now as when put into the boxes by the inspectors 
after the November 7, 1916, election; that he has had possession of the key to these 
boxes and the ballot boxes containing the ballots from the date of election to the 
present time; that the boxes containing the ballots used in the first ward of the city 
of Jackson have had the same care since election as the boxes containing the ballots 
that were counted on behalf of contestant February 21, 22, and 23, last, all the ballot 
boxes in the city of Jackson being jjreserved and cared for in the same manner as 
above described. 

Upon opening the boxes containing the ballots for the first ward of the city of Jack- 
son no poll lists or tally sheets were found, and witness testifies that these may be in 
the possession of the county clerk, but •witness does not know. 

It is agreed that Contestant's Exhibit 1, which is uninitialed, is the identical ballot 
used by the voter at said election; and that Contestant's Exhibit 3, that still has the 
number of the ticket 554 attached, is the identical ballot used by the elector.. 

Mr. Brown. It is agreed that a recount of the ballots found in the boxes of the 
first ward of the city of Jackson shows the following result: 

Votes. 

^lark R. Bacon received 284 

Samuel W. Beakes received 301 

Edvdn J. Koch received 13 

Frank E . Titus received 6 

No choice 21 

Contestant's exhibits attached 5 

Total : 630 

Poll book shows 630 i)ersons voted in this district. 



166 BEAKES VS. BACON. 

Second precinct, second ward, city of JacJrson. 

That Clifton H. Redder, clerk of the city of Jiickson, produced two boxes, claimed 
to be the boxes used to contain the ballots voted in the second precinct of the second 
ward in the city of Jackson, at the election held in said city on November 7, 1916; 
that the boxes produced by him were sealed through the padlock and are boxes simi- 
lar to those used in the first precinct of the second ward of said city, description of 
which boxes fully appears in contestant's depositions taken February 21, 22, and 23, 
1917; that there was no seal over the top of these boxes, but the boxes are constructed 
with rolls, which have to be operated in order to get ballots into the box. 

It is agreed and stipulated by and between the attorneys for the respective parties 
that in the second precinct of the second ward of the city' of Jackson — 

Votes. 

Mark R. Bacon received 262 

Samuel W. Beakes received 293 

Edward J. Koch 8 

Frank E. Titus received 16 

No chioce 16 

Returned member's exhibits 4 

Contestant's exhibits 2 

Total : 601 

Poll book shows 601 persons voted in this precinct. 

^ First precinct, third ward, city of Jackson. 

In the first precinct of the third ward of the city of Jackson the city clerk produced 
two ballot boxes like the other ballot boxes referred to in contestant's deposition 
taken February 21, 1917, as containing the ballots used in that precinct at the Novem- 
ber, 1916, election. The boxes were sealed with a piece of cloth extending from the 
center of the cover down over the side of the box and below the staple used to lock 
the box with a padlock. The padlock was not locked and one of the rolls in the top 
of the box was loose in the box and not attached to the cover. This box is operated 
with a handle that is turned to convey the ballots into the box between two rolls. 
This box has had the same care and attention as all of the other boxes in the city of 
Jackson, including those heretofore counted by contestant and the returned member. 
The box could not be opened without breaking the seals and the seals were intact. 
The ballots were all tied up in one bundle, with a stout cord. 

It is agreed and stipulated by and between the attorneys for the respective parties 
that in the first precinct of the third ward of the city of Jackson — 

Votes. 

Mark R. Bacon received 327 

Samuel W. Beakes received 289 

Edward J. Koch received 5 

Frank E. Titus received 12 

No choice 5 

Exhibit attached by contestant 1 

Ballot missing from this box 1 

The poll book found in this box shows that 640 ballots were cast in this precinct. 
Second precinct, third ward, city of Jackson. • 

The ballot box produced by Clifton H. Vedder in which he claims the ballots used 
in the second precinct of the third ward of the city of Jackson at the November, 1916, 
election was properly sealed in every way. This box is the same kind of a box as the 
one used in the first precinct of the second ward heretofore counted by the contestant 
and the other boxes heretofore counted by the returned member. 

It is agreed and stipulated by and between the attorneys for the respective parties 
that in the second precinct of the third ward of the city of Jackson — 

Votes. 

Mark R. Bacon received 260 

Samuel W. Beakes received ' 215 

Edward J. Koch received 5 

Frank E. Titus received 10 

No choice "9 

Exhibits returned by contestant 2 

Total number of ballots found in this box, 501. 



BEAKES VS. BACOlSr. 167 

There was no tally sheet found in this box, and no tally sheet was produced at the 
recount. 

At this point, at the hour of 4.50 p. m., the proceedings were adjourned by direction 
of the notary public and by agreement of the attorneys for the respective parties until 
10 a. m., Tuesday, March 27, 1917. 

I certify that the foregoing is a true and correct transcript of all proceedings had 
before me this 26th day of March, 1917. 

[seal.] James S. Allen, 

Notary Public, Jackson County, Mich. 

And on the 27th day of March, 1917, in the same place, the proceedings were con- 
tinued, as follows: 

First precinct, fourth ward, city of Jackson. 

Large iron box, cylindrical in form; box about 4 feet high, 2 feet in diameter, with 
large slot in top, 5 inches long, half inch wide. No seal over top. Locked with a 
small padlock and hasp. Padlock a very cheap one; not sealed. This box has had 
the same care since it was delivered to the city clerk after the election as the other 
boxes recounted in the city of Jackson by both the contestant and the returned 
member. 

It is stipulated and agreed by and between the attorneys for the respective parties 
that in the first precinct of the fourth ward of the city of Jackson— 

Votes. 

Mark R. Bacon received 267 

Samuel W. Beakes received 254 

Edward J. Koch received 9 

Frank E. Titus received 8 

No choice 16 

Exhibits returned by contestant 3 

Exhibits returned by returned member 1 

No poll list found in this box, but one found with county clerk shows that 562 
persons voted in this precinct of this ward. Four ballots were spoiled and not voted. 

Third precinct, fourth ward, city of Jackson. 

Box similar in character to the boxes heretofore described in contestant's deposi- 
tions taken February 21, 1917, and was properly sealed over opening and over lock 
so that box could not be opened without breaking seal. 

It is stipulated and agreed by and between the attorneys for the respective parties 
that in the third precinct of the fourth ward of the city of Jackson — 

Votes. 

Mark R. Bacon received 145 

Samuel W. Beakes received 145 

Edward J. Koch received 4 

Frank E. Titus received 8 

No choice 8 

Returned member's exhibits 2 

Total ballots found in box 312 

Mr. Sawyer. The poll list shows that 337 people voted in this precinct and that 
the unused ballots commenced with No. 338; that the poll book shows the total 
number of votes cast for Congressman is 306. Poll book also shows that the largest 
total number of votes cast for any office is 321, which leaves 25 ballots unaccounted 
for, or the difference between 3i2 ballots counted for Congressman and 337 people 
who voted. 

Mr. Brown. I will offer the poll book used in the third precinct of the fomtli ward 
as contestant's Exliihit 1 of that ward and the tally sheet used in that precinct as 
contestant's Exhibit 2. 

Second precinct, fourth ivard, city of Jackson. 

The city clerk, Clifton H. Vedder, produced two ballot boxes and the keys to the 
same, wliich he claimed contained the ballots used at the general election in Novem- 
ber, 1916, in this precinct of the foiu*th ward, and an examination of the boxes shows 
cheesecloth is pasted over the top of each box with sealing wax having the impression 
of the seal thereon; that the boxes are of the same design and character as the boxes 



168 BEAKES VS. BACON. 

containing the ballots heretofore counted by contestant and the returned member; 
that there is no seal over the lock to either box ; that the city clerk testified that these 
boxes had had the same care as the other boxes heretofore recounted on this recotmt 
the boxes and keys thereto having been in his possession since election and up to 
this time. 

It is stipulated and agreed by and between the attorneys for the respective parties 
that in the second precinct of the fourth ward of the city of Jackson — 

Votes. 

Mark R. Bacon received 335 

Samuel W. Beakes received 320 

Edward J. Koch received ; 6 

Frank E . Titus received 5 

No choice 8 

Exhibit for returned member 1 

Total - 675 

The poll list of this ward shows 675 pei-sons voted in the second precinct of the 
fourth ward. 
The first ballot in the bundle of unused ballots is number 676. 

First precinct, fifth rvard, city of Jackson. 

City Clerk Vedder produced two ballot boxes, similar to those heretofore described 
in the depositions taken by contestant and returned member. Both boxes are sealed 
by the placing of cheesecloth pasted on the top and down on the sides so that box 
could not be opened without breaking the seals. Boxes are both locked with samll 
padlocks similar to those used on the other boxes. 

It is stipulated and agreed by and between the attorneys for the respective parties 
that in the first precinct of the fifth ward of the city of Jackson — 

Volfs. 

Mark R. Bacon received 123 

Samuel W. Beakes received 152 

Edward J. Koch received 2 

Frank E. Titus received 1 

No choice 9 

Contestant's exhibits 4 

Total number of ballots found in box 291, and the poll book shows that 291 persons 
voted in the first precinct of the fifth ward . 

Contestant's Exhibit 4 is admitted to be one of the ballots used by an elector in 
this precinct in said ward. 

Second precinct, fifth ward, city of Jackson. 

The city clerk, Clifton H. Vedder, produced two ballot boxes claimed to contain 
the ballots used in the second precinct of the fifth ward of the city of Jackson at the 
general election held November 7, 1916. The boxes are the same as those containing 
the ballots heretofore counted by the contestant and the returned member; are 
locked and sealed over the padlock, there being no seal on the cover over the openings 
in the tops of the boxes. Ballots are conveyed into the box between two rollers 
turned with handle, and the handle can not be turned without opening the box. 

It is stipulated and agreed by and between the attorneys for the respective parties 
to this contest that in the second precinct of the fifth ward — 

Votes. 

Mark R. Bacon received 256 

Samuel W. Beakes received 331 

Edward J. Koch received- 10 

Frank E. Titus received - 7 

No choice 20 

Contestant's exhibits 4 

Total votes found in ballot box, 628, which is the exact number shown by the poll 
list as the number of votes cast. 

At this point, at the hour of 4.45 p. m., the proceedings were adjourned by direction 
of the notary public until 9 o'clock Wednesday, March 28, 1917. 

I certify that the foregoing is a true and correct transcript of all proceedings had 
before me this 27th day of March, 1917. 

[seal.] ' James S. Allen, 

Notary Public, Jackson County, Mich. 



BEAKES VS. BACOIS'^. 169 

And on the 28th day of ]\farch, 1917, in the same place, the said proceedings were 
continued as follows: 

Third precinct, fifth uarcl, city of Jackson. 

The clerk of Jackson city, Clifton H. Vedder, produced a large galvanized-iron 
ballot box, about 4 feet liigh, 2 feet in diameter, cylindrical in form with cheesecloth 
pasted over opening in top to receive ballots, the cheesecloth being partially broken, 
but top of box showing where same had been sealed. Box is locked with small pad- 
lock of the same kind as the ones used to lock the other boxes in Jackson city and 
sealed with a cord; also sealed with wax, and the wax seal has not been broken. 
Clerk testified ihat this box had received from him the same care and attention as other 
ballot boxes had received heretofore recounted by contestant and returned Member. 

It is agreed and stipulated by and between the attorneys for the respective parties 
that in the third precinct of the fifth ward of the city of Jackson — 

Votes. 

Mark R. Bacon received '. 203 

Samuel W. Beakes received 259 

Edward J. Koch received 9 

Frank E. Titus received 6 

No choice 23 

Total number of ballots found in box 500 

Poll book shows written above voter No. 461, "Party drunk. Handed in five bal- 
lots; four blanks found later in booth." 

Poll book shows the names of 501 persons as voting and the bundles of unused ballots 
found in box shows that the next number on the ballots to be 502. 

Second precinct, sixth ward, city of Jackson. 

Three boxes produced by Clifton H. Vedder, city clerk. One box contained two 
small packages of ballots and was properly locked and sealed, the box being similar 
to those heretofore recounted by contestant and returned Member. One of the other 
two boxes was not sealed, but was locked with a small padlock. The third box pro- 
duced by the clerk contained the major portion of the ballots used in such precinct 
and was not sealed, but when produced was locked with a padlock. Upon opening 
the box the following written statement was found in the bottom of the box under the 
ballots : 

"This can, 6th ward, 2d pet., was found in this voting booth, March 6th, 1917, by 
the undersigned. The top was off but the contents were undisturbed after being 
found. * I put the top on the can and locked it on the above date and brought it to 
the city clerk's office and put in store room with the other ballot boxes. The can was 
e^ddently overlooked and not turned in after the Nov., 1916, election. 

"T. H. Right, Dep. City Clerk. 

"March 6th, 1917." 

Mr. Brown. I object to a recoimt of the ballots of the second precinct of the sixth 
ward of the city of Jackson, for the reason that said ballots have not been preserved 
and guarded since thev were counted by the election inspectors of this precinct on 
November 7, 1916. 

(Paper above referred to is hereto attached and returned herewith, and is marked 
"Contestant's Exhibit 1, second precinct sixth ward, city of Jackson.") 

It is agreed and stipulated by and between the attorneys for the respective parties 
that upon opening the boxes and counting the ballots foimd therein it was found that: 

Votes. 

Mark R. Bacon received 131 

Samuel W. Beakes received 356 

Edward J. Koch received 26 

Frank E. Titus receiA^ed 5 

No choice 12 

Beakes's exhibit 4 

Returned Member's exhibit 1 

Total number <5f ballots found in box 535 

The poll book, which was in- the hands of the county clerk, shows that 577 people 
voted in this precinct. 

It is agreed that T. H. Kight was called as a witness, and after being duly sworn, 
testified that he went to the voting booth in the precinct in question on the 6th day 



170 BEAKES VS. BACON, 

of March last for the purpose of preparing the election booth for the spring primary ; 
that while in said booth he discovered one of the ballot boxes now here produced 
with the cover off and open unsealed; that he placed in said box contestant's Exhibit 
1 second precinct, city of Jactson, of which the returned Membei claims the benefit; 
took the box and ballots to the city clerk's office where it has since remained in a 
locked condition. 

Mr. Sawyer agrees that a recoimt of the ballots of the second precinct of the sixth 
ward of the city of Jackson should not be made. 

I hereby, on this 28th day of March, 1917, ascertain that T. H. Kight, a witness 
called and who testified before me on said day in the contested-election case of Samuel 
W. Beakes, contestant, v. Mark R. Bacon, returned Member, is entitled to witness 
fees as follows: 

1 day's attendance |0. 75 

1 mile's necessary travel 05 

Total 80 

And I hereby certify the said amount to be correct. 

[seal.] James S. Alijen, 

Notary Public, Jackson County, Mich. 

It is agreed between attorneys for the respective parties that the exhibits for both 
parties in this precinct are not to be returned with this deposition, but are returned 
to the care of the witness, T. H. Kight, deputy city clerk, to be kept under seal by 
him until he is asked to produce them again. 



Third precinct, sixth ward, city of Jackson. 



City Clerk Clifton H. Vedder produced one box, which he claimed contained the 
ballots used at the November 7, 1916, election in the third precinct of the sixth ward 
of the city of Jackson. Box was properly sealed over the lock and was a box similar 
to those heretofore voted and ballots recounted by contestant and the returned Mem- 
ber. Box had received the same care as the other boxes heretofore counted. 

It is stipulated and agreed by and between the attorneys for the respective parties 
that in the third precinct of the sixth ward of the city of Jackson the ballots in the 
box showed: 

Votes. 

Mark R. Bacon received 172 

Samuel W. Beakes received Ill 

Edward J. Koch received 

Frank E. Titus received - . 1 

No choice " 4 

Contestant's exhibit 1 

Total ballots found in box 289 

That the poll book of the third precinct of the sixth ward shows that 251 ballots were 
used at this election in this precinct. That Nos. 37, 38, and 39 of the list of voters are 
blank spaces containing the words "Destroyed by creosote." 

That opposite the number 222 the name of the voter, George J. Shearer, is erased 
with lines drawn through the name, which would leave 247 persons voting. 

It is agreed that contestant's Exhibit 1, third percinct of the sixth ward of the city 
of Jackson, is a ballot marked with a cross at the head in the circle at the head of the 
Democratic column with the word "Wilson" written with a blue pencil after the 
word "Governor" at the left margin of the ticket and that it is not attached to this 
deposition but returned to the care of the city clerk with the balance of the ballots 
and the box to be produced by him at a later time. 

It is agreed that after the ballots were counted in this precinct they were rolled up, 
tied together, and placed back in the box labeled on the outside "Sixth ward,' third 
precinct," together with a poll book obtained from the county clerk of the county of 
Jackson in the city of Jackson on the 28th day of March, A. D. 1917, which poll book 
was not with the ballots in the box when the box was opened. 

First precinct, seventh ward, city of Jackson. 

Two boxes were porduced by the city clerk, Clifton H. Vedder, which were similar 
in character to the other boxes described heretofore. Neither box was sealed over 
the opening or over the lock, but each box was locked with the same kind of a padlock 



BEAKES VS. BACON. 171 

as on the other boxes heretofore described. The city clerk stated that both boxes 
had had the same care as the other boxes heretofore described. 

It is stipulated and agreed by and between the attorneys for the respective parties 
that in the first precinct of the seventh ward of the city of Jackson — 

Votes. 

Mark R. Bacon received 169 

Samuel W. Beakes received 236 

Edward J. Koch received 11 

Frank E. Titus received 5 

No choice 14 

Contestant's exhibit 1 

Total ballots found and counted 436 

The boll book for the first precinct of the seventh ward of the city of Jackson con- 
tains the names of 430 persons as voting in this precinct. No unused ballots were 
foimd in this ballot box. 

At this point, at the hour of 4.50 p. m. , the proceedings were adjourned by direction 
of the notary public until 9 o'clock a. m. March 29, 1917. 

I certify that the foregoing is a true and correct transcript of all proceedings had 
before me this 28th day of March, 1917. 

[seal.] James S. Allen, 

Notary Public, Jackson County, Mich. 

And on the 29th day of March, 1917, the said proceedings, were continued, in the 
same place, as follows: 

Second precinct, seventh ward, city of Jackson. 

Three boxes of the same character as those heretofore described in this deposition 
were produced by City Clerk Clifton H. Vedder. The boxes were sealed over the 
opening in the top, but were not sealed over the padlock, but boxes were locked with 
the same kind of a padlock as on the other boxes. Boxes have had the same care as 
all the other boxes since election. 

It is stipulated and agreed by and between the attorneys for the respective parties 
that in the second precinct of the seventh ward of the city of Jackson — 

Votes. 

Mark R. Bacon received 152 

Samuel W. Beakes received 290 

Edward J. Koch received 7 

Frank E. Titus received 5 

No choice : 4 

Returned Member's exhibits 2 

Total votes found in box and counted 460 

The total number of persons voting in this precinct as shown by the poll book was 
460. The first number on the unused ballots was 461. 

Third precinct, seventh ivard, city of Jackson. 

Two boxes of the same character as heretofore described were produced by City 
Clerk Clifton B[. Vedder, who stated they had had the same care since' election as the 
other boxes recounted. Both boxes were properly sealed both over the opening in the 
tops of the boxes and over the padlock which were locked and of the same character as 
the other padlocks heretofore described. 

It is stipulated and agreed by and between the attorneys for the respective parties 
that in the tliird precinct of the seventh ward of the city of Jackson — 

Votes. 

Mark R. Bacon received 181 

Samuel W. Beakes received 286 

Edward J. Koch received 14 

Frank E. Titus recei^'ed 8 " 

No choice 3 

Returned Member's exlubits 1 

Contestant's exhibits , 2 

Total number of ballots found in box and recounted was 495 

The poll book shows that 495 persons voted in this precinct, and the next number 
on the bundle of unused ballots found in the box was 496. 



172 BEAKES VS. BACON. 

First precinct, sixth ward, city of Jackson. 

One large, galvanized iron, cylindrical ballot box, about 4 feet high and 2 feet in 
diameter, similar to the other large, galvanized iron boxes described heretofore in 
this deposition, was prodilced by City Clerk Clifton H. Vedder, who testified that this 
box had had the same care as the other boxes heretofore produced. 

It is stipulated and agreed by and between the attorneys for the respective parties 
that in the first precinct of the sixth ward of the city of Jackson — 

Votes. 

Mark R. Bacon received 112 

Samuel W. Beakes received 215 

Edward J. Koch received 10 

Frank E. Titus received 1 

No choice 22 

Contestant's exhibits 6 

Total number of ballots found in box and recounted 366 

The poll book in this precinct showed that the total number of persons voting was 
366, and the next number found on the unused ballots was 367. 

First precinct, eighth ward, city of Jackson. 

Two small boxes similar in character to the others described in this deposition were 
produced by City Clerk Clifton H. Vedder, who testified that they had had the same 
care as the other boxes. Both boxes were properly sealed both over the openings in 
the tops of boxes and over the padlock, which were locked and of the same character 
as the padlocks on the other boxes recounted . 

It is stipulated and agreed by and between the attorneys for the respective parties 
that in the first precinct of the eighth ward of the city of Jackson — 

Votes. 

Mark R. Bacon received 254 

Samuel W. Beakes received 368 

Edward J. Koch received 9 

Frank E. Titus received 11 

No choice 13 

Returned Member's exhibits 1 

Contestant's exhibits 3 

Total 659 

Total number of ballots found in ballot box and recounted, 659. 

The poll book in tliis precinct shows that 568 persons voted in tliis precinct. ' 

That the total number of votes as found in this precinct amounts to 659, which makes 
91 more ballots than the number of persons voting. 

The unused ballots show that the first number on the package is 661. 

It is agreed that returned Member's Exhibit 1 has a cross in circle at head of Demo- 
cratic ticket and a blue line drawn through the whole Democratic ticket below the 
cross and in the center of the names of the candidates on the Democratic ticket, and 
has five blue lines drawn through all of the presidential electors except the first and 
last and in the center of the names on the Republican ticket and has a cross in the 
square before each of the other candidates on the Republican State, congressional, 
legislative, and county tickets. 

That contestant's Exhibit 1 has a cross in the circle at the head of the Democratic 
ticket and a blue line drawn throiigh all of the squares at the left hand side of the 
Democratic ticket from top to bottom. 

That contestant's Exhibit 2 has a cross in the circle at the head of the Democratic 
ticket and a cross at the head of the Republican ticket in the circle and erased with 
a blue pencil, the erasing of the cross being done by just marking back and forth 
over this cross. 

That contestant's Exhibit 3 has a cross in the Dernocratic circle and a cross in the 
scjuare before contestant's name and at the lower right-hand corner the words, "Henry 
C. Martin, 1210 Leroy St." 

This ticket also has a cross before the names of each of the Republican candidates 
on the State ticket and for Charles E. Townsend, United States Senator, and for two 
legislative candidates and the entire Republican county ticket except the candidates 
for prosecuting attorney, surveyor, and drain commissioner, and a cross before the 
Democratic candidates for prosecuting attorney and drain commissioner. 



BEAKES VS. BACON". 173 

Mr. Brown. I intend to take some testimony upon rebuttal with reference to the 
ballots credited to the two precincts of the eighth ward and when I do that I will 
offer these exhibits in e\ddence and have them attached to the deposition and will 
take measures to have these exhibits returned . 

Second. precinct, eighth ward, city of Jackson. 

Three small ballot boxes similar in character to the others described herein were 
produced by the city clerk, Clifton H. Vedder. who testified that they had had the 
same care as the other boxes recounted. None of the boxes was sealed either over 
the opening in the top or over the padlock, which was locked and was of the same 
character as the other padlocks used on the boxes. 

It is stipulated and agreed by and between the attorneys for the respective parties 
that in the second precinct of the eighth ward of the city of Jackson — 

Votes. 

Mark R. Bacon received 219 

Samuel W. Beakes received 298 

Edward J. Koch .' 23 

Frank E. Titus 5 

No choice 22 

Contestant's exhibit 1 

Total ballots found in box and recounted 568 

The poll book shows that 660 persons voted in this precinct, which shows a balance 
of 92 votes unacccfunted for. 

The next number of the unused ballots is 572. 

Contestant's Exhibit 1 has an irregular cross at the head of the ricket in the circle 
with irregular blue lines running part way around the inside of the circle over the 
cross and outside of the circle at the right-hand side and bottom. 

Mr. Browx. I will take precaution to have this exhibit preserved and returned 
with contestant's rebuttal testimony to be taken with reference to the ballots in the 
two precincts in the eighth ward of the city of Jackson. 

Mr. Sawyer. I offer Exhibit A. wliich is a certified copy of the total votes cast 
for returned Member, contestant, and the other candidates, Edward J. Koch and 
Frank E. Titus, for the office of Congressman at the November election, 1916. 

I hereby, on this 29th day of Marcli, 1917, ascertain that Clifton H. Vedder, a wit- 
ness duly subpoenaed and who testified before me on belialf of contestant in the con- 
tested-election case of Samuel W. Beakes, contestant, r. Mark R. Bacon, returned 
Member,' is entitled to witness fees as follows: 

4 days' attendance $3. 00 

1 mile's travel 05 

Total 3.05 

And I hereby certify that the said amount is correct. 

James S. Allex, 
Notary Public, Jackson County, Mich. 

We agi'ee that the foregoing deposition, consisting of 22 type%vritten pages, is a 
true trinseript of the proceedings taken before James S. Allen, a notary public in 
and for the countv of Jackson, Mich., on March 26, 27. 28. and 29. 1917, on behalf 
of the returned Member, purstiant to the notice and proof of service prefixed to said 
deposition, and that the exhibits attached to said deposition are the original exhibits 
and are marked on the backs thereof as such exhibits and signed by James S. Allen, 
notary public. 
Dated at Jackson, Mich.. March 29, 1917. 

Arthur Brown, 
Attorney for Contestant. 
A. J. Sawyer, 
Attorney for Returned Member. 

State of Michigan, County of Jackson, ss: 

The foregoing witness, Clifton H. Vedder, called on behalf of the rettirned member, 
was called pursuant to the notice to take deposition and to the subpoena attached 
hereto, and was sworn by me to tell the truth, the whole truth, and nothing but the 
truth concerning the matters in issue in this cause, and the testimony of said witness 
was thereupon reduced to writing in my presence and in the presence of the attorneys 
and agents of the respective parties. 



174 



BEAKES VS. BACON". 



All certified copies of records and all exhibits and papers produced and offered in 
evidence before me are attached hereto and are transmitted herewith with the testi- 
mony of such witness. 

The notice to take deposition, with proof of service thereof, and the subpoena of 
the witness served are also attached and returned herewith. 

The attaching of a copy of the notice of contest and of the answer of the returned 
member was waived by the attorneys for the respective parties as appears in said 
deposition. 

And I hereby certify that the foregoing, together with said exhibits, notices, and 
documents, is a full and correct record and transcript of all proceedings had and taken 
before me in the said contested-election case. 

[seal.] James S. Allen, 

Notary Public, Jackson, Mich. 

My commission expires November 28, 1920. 

Fees: 

Four days taking deposition, at $10 .f40. 00 

One-half day attaching exhibits, arranging, certifying, and mailing 5.00 

Total 45. 00 

Paid by returned Member. 
[seal.] James S. Allen, 

Notary Public, Jackson County, Mich. 

I certify that the foregoing is a true and correct transcript of all proceedings had 
before me this 29th day of March, 1917. 

[seal] James S. Allen, 

Notary Public, Jackson County, Mich. 
State of Michigan, 

Jackson County, Clerk's Office, ss.- 

I, Jay Binning, clerk of the county of Jackson and of the circuit court thereof, the 
same being a court of record, having a seal, do hereby certify that I have compared 
the foregoing copy of votes cast at November, 1916, election for Congress, second 
district, "with the original of record in my office, and that the same is a correct trans- 
script therefrom, and the whole of such original. 

In testimony whereof I have hereto set my hand and affixed the seal of the circuit 
court for the county of Jacskon, at the city of Jackson, this 29th day of March, in the 
year of our Lord one thousand nine hundred and seventeen. 

[seal.] ■ Jay Binning. County Clerk. 

Returned Member's Exhibit A. 

James S. Allen, Notary Public. 

State of Michigan, County of Jackson, ss: 

I, Jay Binning, county clerk of the county of Jackson and State of Michigan, do 
hereby certify that the following figures are the votes cast for the Representatives in 
Congress, second district, at the November election, 1916, and that the said votes are 
as they were canvassed by the county canvassers and which record is now on file in 
my office: 





Mark R. 
Bacon. 


Samuel 

R. 
Beakes. 


Koch. 


Titus. 


Blackman: 


144 
93 

120 
71 
180 
206 
155 
117 
177 
80 
113 
79 


Ill 
95 

129 
99 

157 
193 
189 
139 
217 
135 
116 
102 


3 
2 


3 




3 


Columbia: 


8 




1 
4 
1 
2 
3 


1 




4 




6 




3 




3 




3 










3 


Norvell 




1 



BEAKES VS. BACO^. 



175 



Parma: 

Fii'st precinct 

Second precinct 

Pulaski 

Rives 

Sandstone 

Summit: 

First precinct 

Second precinct 

Spring Arbor 

Springport 

Tompkins 

Waterloo 

Jackson: 

First ward 

Second ward, second precinct 
Third ward — 

First precinct 

Second precinct 

Fourth ward — 

First precinct 

Second precinct , 

Third precinct , 

Fifth ward — 

First precinct 

Second precinct , 

Third precinct 

Sixth ward — 

First precinct 

Second precinct , 

Third precinct 

Seventh ward — 

First precinct 

Second precinct 

Third precinct 

Eighth ward — 

First precinct 

Second precinct 



Mark R. 
Bacon. 



56 
118 
147 
189 



150 
111 
185 
111 
79 

285 
268 

332 
263 

266 
336 
144 

130 
255 
209 

112 
211 
93 

169 
156 
187 

213 
243 



6,724 



Samuel 

R. 
Beakes. 



118 
31 
89 
126 
133 

103 
133 
106 
154 
92 
173 

310 
297 

295 
217 

253 
320 

152 

153 
332 
253 

216 
329 
138 

237 

286 
284 

293 
355 



7,660 



Koch. 



20 



Titus. 



186 



202 



In regard to the vote in the second ward, I hereby certify that the following is the 
report which the canvass board made and sent to secretary of state : 

State of Michigan, County of Jackson, ss: 

We do hereby certify that the foregoing is a correct statement of the votes given in 
the county of Jackson for the offices named in such statement and for the persons 
designated therein, with the exception of the votes given for Representatives in Con- 
gress in the first precinct of the second ward of the city of Jackson, from the second 
congressional district, at the general election held on the 7th day of November in the 
year 1916. 

•We further certify that the votes given for the candidates for Representatives in 
Congress in the county of Jackson, except the first precinct of the second ward of the 
city of Jackson, are as follows: 

Votes. 

Mark R. Bacon received 6, 724 

Samuel W. Beakes received 7, 660 

Edward J. Koch received 186 

Frank E. Titus received 202 

We further certify that in the first precinct of the second ward of the city of Jackson 
there was claimed error in the returns made by the inspectors for the office of Repre- 
sentative in Congress. We have had these inspectors before us and they are unable 
to correct said returns. The votes returned by the inspectors of said first precinct of 
the second ward were : 

Votes. 

Mark R. Bacon received 351 

Samuel W. Beakes received 233 

Edward J. Koch received 5 

Frank E. Titus received 3 



176 BEAKES VS. BACON. 

These votes from the first precinct of the second ward of the city of Jackson, added 
to the votes from the other precincts of the county of Jackson, give a total vote as 
follows : 

Votes. 

Mark R. Bacon received 7, 075 

Samuel W. Beakes received 7, 893 

Edward J. Koch received 191 

Frank E. Titus received 205 

In witness whereof we have hereunto set our hands and caused to be affixed the 
seal of the circuit court of the county of Jackson, this 25th day of November, 1916. 
[seal.] Fred W. Radford, 

Lyman B. Ray, 
Norman Flowers, 
Board of County Canvassers. 
Attest: 

Jay Binning, 
Clerk of the Board of County Canvassers. 

Returned Member's Exhibits, Official Ballots of Various Precincts and 
Wards, City of Jackson — James S. Allen, Notary Public. 

[Omitted in printing.] 

Contestant's Exhibits, Official Ballots op Various Precincts and Wards, 
City op Jackson — James S. Allen, Notary Public 

[Omitted in printing.] 

Contestant's Exhibit No. 1, Second Precinct, Sixth Ward, City of Jackson — 
James S. Allen, Notary Public. 

This can, sixth ward, second precinct, was found in this voting booth March 6, 1917, 
by the undersigned. The top was off, but the contents were undisturbed after being 
found. I put the top on the can and locked it on the above date and brought it to the 
city clerk's office and put in storeroom with other ballot boxes. The can was evi- 
dently overlooked and not turned in after the November, 1916, election. 

T. H. Right, 
. Deputy City Clerk. 
iMARtiH 6, 1917. 

Contestant's Exhibits Nos. 1 and 2, Poll Book and Tally Sheets, City op 
Jackson — James S. Allen, Notary Public. 

[Omitted in printing.] 

notice op taking depositions. • 

'J'o Arthur Brown, 

Attorney for Contestant. 

Sir: You will please take notice that the depositions will be taken in behalf of the 
returned member in this cause before James S. Allen, a notary public in and for the 
county of Jackson, State of IVIichigan, at the city of Jackson, in the supervisor's room 
in the county building in said city, county, and State aforesaid, beginning at 9 o'clock 
a. m. on Tuesday, the'Sd day of April, Wednesday, the 4th day of April, Thursday, the 
5th day of April, and Friday, the 6th day of April, upon which days the ballot boxes, 
ballots, and returns and suppUes of the townships of Blackman, Columbia, Grass Lake, 
Hanover, Henrietta, Leoni, Liberty, Napoleon, Norvilla, Parma, Pulaski, Rives, 
Sand Stone, Spring Arbor, Springport, Summit, Tompkins, and Waterloo Townships 
will be open, and the following witnesses will be examined: 

Fred Scarborough, Wilson J. Neeley, George L. Keeler, Norman M. Davis, Arthur A. 
Tefft, Owen J. Sayers, Joseph Walz, Bruce J. Crum, Fred M. Andrews, Charles V. 
Hay, Ervin J. Godfrey, Thomas Lovitt, Wilber E. Eckerson, E. J. Fenn, Herbert 
Anderson, Alex C. Banister, Byron A. Kennedy, C. J. Town, Herbert Harvey, 
Merritt L. Abbey, John C. Covert, James G. Anderson, Timothy Marrinane, Lee Folks 
W. Wallace Nichol, James C. Bates, Leamon L. Choate, Burr T. Hass, Willis C. Pratt, 
B. F. Peckham, Samuel Miller, Lewis F. Foster, Ernest Raymond, Orville P. Tanner, 
Ralph A. Lee, E. C. Sibley, Harry L. Woodard, and Fred W. Radford. 



BEAKES VS. BACON. 177 

That the ballots will be counted in said above-entitled cause and that you are 
invited to be present at the time and place above named for the taking of said depo- 
sitions and to cross-examine said witnesses, examine said ballot boxes, ballots, and 
supplies. 

Dated this 17th day erf March, A. D. 1917. 
Yours, etc., 

Guy a. Miller, 
Attorney and Agent for Said Mark R. Bacon, 
Returned Member, 2005 Dime Bank Building, Detroit, Mich. 

State of Michigan, County of Washtenaiv, ss: 

A. J. Sawyer, one of the attorneys in the foregoing cause, being fii-st duly sworn, 
deposes and "says: That upon the 17th day of March, A. D. 1917. he personally deliv- 
ered to Arthur Brown, attorney for the contestant, a copy of the notice of taking depo- 
sitions, the original of which is hereto attached. 

A. J. Sawyer, Of Counsel. 

Subscribed and sworn to before me this 17th day of March, A. D. 1917. 

Lottie Sumner, 
Notary Public, Washtenaw County, Mich. 
My commission expires November 19, 1919. 

subpcenas. 

To Herbert Anderson, Orville P. Tanner, Alex. C. Banister, Ralph A. Lee, Byron A. 
Kennedy, E. C. Sibley. C. J. Town, Harry L. Woodard, Herbert Harvey, and Fred W. 
Eadford: We command and strictly enjoin upon you, that, laying aside all manner of 
business and excuses whatsoever, you be and appear before me, the undersigned, a 
notary public in and for the county of Jackson, Mich., at the supervisor's room in the 
county building in said county, Michigan, at 9 o'clock a. m. on Tuesday, the 3d day of 
April, 1917, to testify and give evidence in the above-entitled cause now pending, on 
the part of the above-named Mark R. Bacon. 

And that you bring with you at said time and place the ballot box, ballots, key, and 
election supplies contained in said box and used at the November election, 1916. 

And for failure so to do you will be deemed guilty of a misdemeanor and Uable to an 
indictment and punishment therefor, as provided by the laws of the United States. 

Witness my hand and seal at the city of Jackson, in the county of Jackson, Mich., 
this 19th day of March, 1917. 

[seal.] James S. Allen, 

Notary Public, Jackson County, Mich. 
State of Michigan, 

County of Jackson, ss: 
I hereby certify and return that on the 24th day of March, A. L). 1917, I served a copy 
of the within and foregoing subpoena upon Alex. C. Banister, E. C. Sibley, C. J. 
Town, and Harry L. Woodard. 

Verl W. Kutt, Deputy Sheriff. 
State, OF Michigan, 

County of Jackson, ss: 
1 hereby certify and return that on the 21st day of March, 1917, I served a copy of ~ 
the within and foregoing subpoena upon Bjrron A. Kennedy. 

Verl W. Kutt, Deputy Sheriff. 
State of Michigan, 

County of Jackson, ss: 
I hereby certify and return that on the 22d day of March, 1917, 1 served a copy of the 
within and foregoing subpoena upon Herbert Anderson and Orville P. Tanner. 

Verl W. Kutt, Deputy Sheriff. 
State of Michigan, 

County of Jackson, ss: 
I hereby certify and return that on the 21st day of March, 1917, I served a copy of 
the within and foregoing subpoena upon Herbert Harvey and Fred W. Radford. 

Lee Benson, Deputy Sheriff. 
State of Michigan, 

County of Jackson, ss: 
I hereby certify and return that on the 22d day of March, 1917, I served a copy of 
the within and foregoing subpoena upon Ralph A. Lee. 

Wesley A. Davis, Sheriff. 
96694—17 12 



178 BEAKES VS. BACON. 

To Charles V. Hay, Willis C. Pratt, Irving J. Godfrey, B. F. Peckham, Thomas 
Lovitt, Samuel Miller, Wilbur E. Eckerson, Lewis F. Foster, E. J. Fenn, and Ernest 
Raymond: We command and strictly enjoin upon you that, laying aside all manner 
of business and excuses whatsoever, you be and appear before me, the undersigned, 
a notary public in and for the county of Jackson, Mich., at the supervisor's room in 
the county building in said county, Michigan, at 9 o'clock a. m. on Wednesday, the 
4th day of April, 1917, to testify and give evidence in the above-entitled cause now 
pending, on the part of the above-named Mark R. Bacon. 

And that you bring with you at said time and place the ballot box, ballots, key, 

and election supplies contained in said box and used at the November election, 1916. 

And for failure so to do you will be deemed guilty of a misdemeanor and liable to 

an indictment and punishment therefor, as provided by the laws of the United States. 

Witness my hand and seal at the city of Jackson, in the county of Jackson, Mich., 

this 19th day of March, 1917. 

[seal.] James S. Allen, 

Notary Public, Jackson County, Mich. 
State op Michigan, • 

County of Jackson: 
I hereby certify and return that on the 24th day of March, A. D. 1917, T served a 
copy of the within and foregoing subpoena upon Charles V. Hay and Willis C. Pratt. 

Edwin F. Larrabee, Under sheriff. 
State of Michigan, 

County of Jackson, ss: 
I hereby certify and return that on the 21st day of March, 1917, I served a copy of 
the within and foregoing subpoena upon Wilbur E. Eckerson and Lewis F. Foster. 

Verl W. Kutt. Deputy Sheriff. 
State of Michigan. 

County of Jackson, ss: 

I hereby certify and return that on the 22d day of March. A. D. 1917, I served a 
copy of the within and foregoing subpoena upon Thomas Lovitt and Samuel Miller. 

Verl W. Kutt, Deputy Sheriff. 
State of Michigan, 

County of .Jackson, ss: 
I hereby certify and return that on the 2fitli day of March, A. D. 1917, I served a 
copy of the within and foregoing subpoena upon E. J. Fenn and Ernest Raymond. 

Verl W. Kutt, Deputy Sheriff. 
State of Michigan, 

County of Jachson, ss; 
1 hereby certify and return that on the 21st day of March, A. D. 1917, I served a 
copy of the within and foregoings ubpoena upon Irving J. Godfrey and B. F. Peckham. 

Wesley A. Davis, Sheriff. 

To Arthur Tefft, Lee Folks, Owen J. Sayers, W. Wallace Nichol, Joseph Walz, 
James C. Bates, Bruce J. Crum, Leamon L. Choate, Fred M. Andrews, and Biur T. 
Hess: We command and strictly enjoin upon you that, laying aside all manner of 
business and excuses whatsoever, you be and appear before me, the undersigned, a 
notary public in and for the county of Jackson, Mich., at the supervisor's room in the 
county building in said county, Michigan, at 9 o'clock a. m. on Thursday, the 5th 
day of April, 1917, to testify and give evidence in the above-entitled cause now 
pending, on the part of the above-named Mark R. Bacon. 

And that you bring with you at said time and place the ballot box, ballots, key, 
and election supplies contained in said box and used at the November election, 1916 . 

And for failure so to do you will be deemed guilty of a misdemeanor and liable to 
an indictment and punishment therefor, as provided by the laws of the United States. 

Witness my hand and seal at the city of Jackson, in the county of Jackson, Mich., 
this 19th day of March, 1917. 

[seal.] James S. Allen, 

Notary Public, Jackson County, Mich. 
State of Michigan, 

County of Jackson: 

I hereby certify and return that on the 22d day of March, A. D. 1917, I served a 
copy of the within and foregoing subpoena upon Arthur A. Tefft, Lee Folks, Bruce J 
Crum, and Leamon L. Choate. 

Verl W. Kutt, Deputy Sherifl 



BEAKES VS. BACON. 179 

State of Michigan, 

County of Jackson, ss: 
I hereby certify and return that on the 21st day of March, A. D. 1917, I served a 
copy of the within and foregoing subpoena upon Owen J. Sayers and W. Wallace 
Xichol. 

Lee Benson, Deputy Sheriff'. 
State of ^Ltchigan, 

County of Jackson, ss: 
I hereby certify and retiirn that on the 24th day of March, A. D. 1917, I served a 
copy of the within and foregoing subpoena upon Joseph Wal7. and James C. Bates. 

Lee Benson, Deputy Sheriff. 
State of Michigan, 

County of Jackson, ss: 
I hereby certify and retiUTi that on the 24th day of March, A. D. 1917, I served a 
copy of the within and foregoing subpoena upon Fred M. Andrews and J. M. Eich- 
ardson. deputy township clerk. 

Edwin F. Larabee, Under Sheriff. 

To Fred Scarborough, Merritt L. Abbey, Wilson J. Neeley, John C. Covert, George 
L. Keeler, James G. Anderson, Norman M. Davis, and Timothy Maninane: We 
command and strictly enjoin upon you that, laying aside all manner of business and 
excuses whatsoever, you be and appear before me, the undersigned, a notary public 
in and for the county of Jackson, ilich., at the super^-isors' room in the county build- 
ing in said county, ^ilichigan, at 9 o'clock a. m. on Friday, the 6th day of April, 1917, 
to testify and give e^idence in the above-entitled cause now pending, on the part of 
the above-named Mark R. Bacon. 

And that you bring with you at said time and place the ballot box, ballots, key, 

and election supplies contained in said box and used at the November election, 1915. 

And for failure so to do you will be deemed guilty of a misdemeanor and liable to 

an indictment and punishment therefor, as pro^-ided by the laws of the United States. 

Witness my hand and seal at the citv of Jackson, in the county of Jackson, IMich., 

this 19th day of March, 1917. 

[seal.] James S. Allen, 

Notary Public, Jackson County, Midi. 
State op Michigan, 

County of Jackson, ss: 
I hereby certify and return that on the 24th day of March, A. D. 1917. I served a 
copy of the within and foregoing subpoena upon Fred Scarborough. 

Wesley A. Davis, Sheriff'. 
State of Michigan, 

Cou nty of Jackson: 
T hereby certify and return that on the 24th day of March, A. D. 1917, I served a 
copy of the within and foregoing subpoena upon Norman M. Da\'is and Timothy 
Marrinane. 

Lee Benson, Deputy Sheriff. 
State of Michigan, 

County of Jackson, ss: 
I hereby certify and return that on the 21st day of March, A. D. 1917, I served a 
copy of the within and foregoing subpoena upon Charies J. Stevens, deputy township 
clerk. 

Yerl W. Kutt, Deputy Sheriff. 
State of Michigan, 

County of Jackson, ss: 
I hereby certify and return that on the 22d day of March, A. D. 1917, I served a 
copy of the witliin and foregoing subpoena upon Geo. L. Keeler and James G. Anderson. 

Yerl W. Kutt, Deputy Sheriff. 
State of Michigan, 

County of Jackson, ss: 
I hereby certify and return that on the 24th day of March, 1917. I served a copy of 
the within and foregoing subpoena upon Wilson J. Neeley and John Henry Ford,- 
deputy township clerk. 

Edwin F. Larabee, Under Sheriff. 
Present: James S. Allen, notary pubhc. 

Proceedings had before me, James S. Allen, a notaiy public in and for Jackson 
County, ilich.. which county is in the second congressional district of the State of 



180 BEAKES vs. BACON. 

Michigan, sitting for the purpose of taking testimony in the above-entitled contested- 
election case. 

On April 3, 1917, at 9 o'clock a. m., in the supervisor's room in the courthouse in 
the city of Jackson, in said county, I attended, pursuant to the notice, to take deposi- 
tions and to the subpoenas prefixed hereto. 

Appearances: Arthur Brown, attorney for the contestant, and Andrew J. Sawyer, 
attorney for the returned Member. 

It was stipulated and agreed by and between tlie attorneys for the respective parties 
that proof of the official character of James S. Allen, the notary public before whom 
•depositions in this cause are about to be taken, be. and the same is, hereby waived. 

Arthur Brown, ' 

Attorney for Contestant. 
A. J. Sawyer. 
Attorney for Returned Member. 

The foregoing stipulation, after being reduced to writing by me, was subscribed 
in my presence. 

[seal.] James S. Allen, 

Notary Public, Jackson County, Mich. 

Mr. Brown. I object to the counting of the ballots of the townships of Jackson 
County, for the reason that the answer of the returned member contains no specifi- 
cations of any errors or irregularities in the official canvass of those ballots. 

The necessity for prefixing a copy of contestant's notice of contest and of the answer 
of the returned member to this deposition was waived by stipulation of the parties, 
which is attached to deposition taken before James R.. Taylor, a notary public, on 
behalf of contestant. at'Romulus, Wayne County, Mich., on March 2, 1917. 

Springpori Township, Jackson County. 

E. C. Sibley, clerk of the townsliip of Springport, produced one box that he claims 
contained the ballots used in said township on November 7, 1916. A. C. Banister, 
supervisor of said townsliip, and said E. C. Sibley testified that the box produced 
was properly sealed after the election on November 7, 1916, and that the box produced 
had not been opened from that time to date. That said E.G. Sibley had had posses- 
sion of the box from November 7, 1916, to date and that said A. C. Banister had had 
possession of the key during said time and that the box and key had not been in the 
possession of one person since that time. The box produced was properly sealed 
on the top and showed that it had been sealed over the lock with a strip of cheese- 
cloth pasted on top and on the side; that when the box was placed in the automobile 
this morning in order to bring it to the courthouse in the city of Jackson for this 
recount that the seal was broken. 

It is stipulated and agreed by and between the attorneys for the respective parties 
that in the township of Springport, county of Jackson — ■ 

Votes. 

Mark R. Bacon received ■ 185 

Samuel W. Beakes received 155 

Edward J. Koch received 2 

Frank E. Titus received 4 

No choice 4 

Total votes found in box and recounted 350 

The poll book contains the names of 351 persons. No unused ballots were found in 
the box. The first name on the poll book is Roscoe C. Smith, absent voter. No 
ticket was found among the ballots that was marked "absent voter." 

I hereby on this 3d day of April, 1917, ascertain that E. C. Sibley and Alex. C. 
Banister, witnesses duly subpoenaed and who testified before me on behalf of the 
returned member in the contested-election case of Samuel W. Beakes, contestant, 
V. Mark R. Bacon, returned Member, are entitled to witness fees as follows: 

E. C. Siblev, 1 day's attendance 10. 75 

E. C. Sibley, 22 miles' travel, at 5 cents 2. 10 

Alex. C. Banister, 1 day's attendance 75 

Alex-. C. Banister, 22 miles ' travel, at 5 cents 2. 10 

Total 5.70 

[seal.] James S. Allen, 

Notary Public, Jackson County, Mich. 



BEAKES VS. BACON. 181 

Spring Arbor Township, Jackson County. 

Or\'ille P. Tannar, clerk of the township of Spring Arbor, produced one box that he 
claims contains the ballots used in said township on November 7, 1916. Herbert A. 
Anderson, super\T.sor of said township, and said Or\dlle P. Tannar, testified that the 
clerk has had possession of the ballot box since the general election in 1916; that after 
the election the ballots were piit in the box and box sealed on top. but the padlock 
has no seal; that tliis has been the custom of the township previously; that Mr. Ander- 
son has had the key from election time to this time and has it now and will unlock 
the ballot box in the presence of the notary; that the ballots are in the same condition 
now that they were on the evening of election and have never been out of the box 
from the time they were put in until to-day. 

It is stipulated and agreed by and between the attorneys for the respective parties 
that in the township of Spring Arbor, coimty of Jackson — 

Votes. 

Mark R. Bacon received 100 

Samuel W. Beakes received '. 105 

Edward J. Koch received 

Frank E. Titus received 31 

No choice 5 

Contestant's exhibit 1 

Total ballots found in box and recounted 252 

The poll book shows the names of 254 persons as voting. Opposite the number 171 
in the poll book is written, "171 not used." 

This leaves one ballot as missing and not found. 

I hereby, on this 3d day of April, 1917, ascertain that Orville P. Tannar and Herbert 
A. Anderson, witnesses duly subpoenaed and who testified before me on behalf of 
the returned Member in the contested-election case of Samuel W. Beakes, contest- 
ant, V. Mark R. Bacon, returned Member, are each entitled to witness fees as follows: 

Orville P. Tannar, 1 day's attendance SOL 75 

Orville P. Tannar, 12 miles' travel, at 5 cents 60 

Herbert A. Anderson, 1 day's attendance 75 

Herbert A. Anderson, 12 miles' travel, at 5 cents . .60 

Total 2. 70 

James S. Allen, 
[seal.] Notary Public, Jackson County , Mich. 

Waterloo Township, county of Jackson. 

Fred W. Radford, clerk of the township of Waterloo, county, of Jackson, produced 
one box that he claims contains the ballots used in said township on November 7, 
1916. Herbert Harvey, supervisor of said township, and said Fred W. Radford testi- 
fied that the box subsequent to said election had been kept in a locker locked up in 
the town hall of the township of Waterloo, the key to the locker and to the box having 
been in the possession of the supervisor, Herbwt Harvey, subsequent to said elec- 
tion; that the box some 10 days ago was taken from the locker by the clerk and has 
been at his residence since that time and was produced by the clerk. The clerk and 
super\-isor both testified that the box had not been opened from the time the ballots 
were placed in the box on election day until to-day; that the box was properly sealed 
on the top and over the lock with hea\y cord and sealing wax and was properly locked. 

It is stipulated and agi'eed by and between the attorneys for the respective parties 
that in the township of Waterloo, county of Jackson — 

Votes. 

Mark R. Bacon received 79 

Samuel W. Beakes received 172 

Edward J. Koch received 

Frank E. Titus received 3 

No choice 3 

Total number of ballots found in box and recounted 257 

The poll book contains the names of 257 persons 

I hereby, on this 3d day of April, 1917, ascertain that Fred W. Radford and Herbert 
Harv-ey, witnesses duly subpoenaed and who testified before me on behalf of the 



182 BEAKES VS. BACON. 

returned Member in the contested-election case of Samuel W. Beakes, contest- 
ant, v. Mark R. Bacon, returned Member, are each entitled to witness fees as follows: 

Fred W. Radford, 1 day's attendance $0. 75 

Fred W. Radford, 20 miles' travel, at 5 cents 1. 00 

Herbert Harvey, 1 day's attendance 75 

Herbert Harvey, 20 miles' travel, at 5 cents 1. 00 

Total 2. 50 

[seal.] James S. Allen 

Notary Public, Jackson County, Mich. 

Tompkins Township, county of Jackson. 

Harry L. Woodard, clerk of the township of Tompkins, county of Jackson, produced 
one box that he claims contains the ballots used in said township on November 7, 1916. 
C. J. Town, supervisor of said township, and said Harry L. Woodard testified that 
the ballots are contained in one box, which they have produced This box is prop- 
erly sealed over the top and over the lock; that the box has not been opened since 
the general election in 1916 until to-day; that the box has been kept in a room known 
as the office in the town hall, which office has also been locked. The key to the 
office and the key to the township hall has been in the possession of the township 
clerk. The key to the ballot box has been in the possession of the supervisor from 
November 7, 1916, until April 2, when it had to be used for the April election, 1917. 
That the box containing the ballots has never been opened. 

It is stipulated and agreed by and between the attorneys for the respective parties 
that in the ownship of Tompkins, county of Jackson — 

Votes. 

Mark R. Bacon received 110 

Samuel W. Beakes 92 

Edward J. Koch received. 1 

Frank E. Titus received ! . . . 3 

No choice 4 

■ Total number of ballots found in ballot box and recounted 210 

Pool book shows names of 210 persons voting and the next unused ballot was No. 211. 

I hereby, on the 3d day of April, 1917, ascertain that Harry L. Woodard and C. J. 
Town, witnesses duly subpoenaed and who testified before me on behalf of the 
returned Member in the contested-election case of Samuel W. Beakes, contestant, v. 
Mark R. Bacon, returned Member, are each entitled to witness fees as follows: 

Harry L. Woodard, 1 day's attendance $0. 75 

Harry L. Woodard, 13 miles' travel, at 5 cents 65 

C. J. Town, 1 day's attendance , 75 

C. J. Town, 18 miles' travel, at 5 cents 90 

Total 3.05 

[seal.] * James S. Allen, 

Notary Public, Jackson County, Mich. 

Summit Township, Jackson County. 

Ralph A. Lee, clerk of the township of Summit, county of Jackson, two ballot 
boxes, one for each of the two precincts in said township, which he claims contains 
the ballots used in said township on November 7, 1916. Byron A. Kennedy, super- 
visor of said township, and said Ralph A. Lee testified that the ballots used in the 
township of Summit in the general election, 1916, were produced in two boxes, one 
for the first precinct of Summit Townsliip and one for the second precinct of Summit 
Township. The boxes when produced were properly sealed over the top and over the 
lock, and the witnesses testified that these boxes had never been opened from election 
day until to-day, and that the ballots in the boxes had not been tampered with in any 
way and have been preserved as they were originally placed in the boxes; that the 
key to the lock of the box used in the first precinct is in the possession of the clerk 
and the key to the lock of the box used in precinct No. 2 is in possession of Mr. Verne 
W. Badgley, who was chairman of the board of election inspectors in precinct No. 2 
of Summit Township; that the boxes have been in the possession of the clerk from 
election day until to-day. 



BEAKES VS. BACON. 183 

First precinct. 

It is stipulated and agreed by and between the attorneys for the respective parties 
that in the first precinct of the township of Summit, county of Jackson — • 

Votes. 

Mark K. Bacon received 88 

Samuel W. Beakes received 102 

Edward J. Koch received 

Frank E. Titus received 2 

No choice 4 

Exhibit for contestant 1 

Exhibit for returned Member 1 

Total number of ballots found in box 198 

Poll book shows 197 persons voted. Opposite No. 73 no person's name is written' 
in the poll book. Opposite No. 17 appears the name F. A. Metz. 

Ballot No. 17, Returned Member's Exhibit 1, is wiitten upon the back: "17. 
Furnished clerk. Spoiled ballot." In the Republican column a cross is before the 
name Hugh A. McPherson, a Republican elector; a cross is before Albert E. Sleeper, 
Republican candidate for governor; a cross is before Charles E. Townsend, Repub- 
lican candidate for United States Senator; a cross is before Mark R. Bacon, Repub- 
lican candidate for Congress; a cross is before George H. Curtis, Republican candidate 
for judge of probate; a cross is before Wesley A. Davis, Republican candidate for 
sheriff. In the Democrat column a cross appears before the name Nelman F. Wing, 
candidate for drain commissioner. The mimber of the ballot. No. 17, has never been 
torn off and there are no other marks upon the face of the ballot. The ballot is prop- 
erly initialed. 

Mr. Brown. I will ask the notary to retain in his possession Returned Member's 
Exhibit 1, first precinct of Summit Township, county of Jackson, until I can take 
the testimony of some member of the board of election inspectors in reference to it, at 
which time I will return this exhibit with the deposition. 

The poll book in this precinct of Summit Township was marked "Returned Mem- 
ber's Exhibit 2, first precinct. Summit Township, county of Jackson," and is to be 
retained by the notary the same as Returned Member's Exhibit 1. 

Second Precinct, Summit Township. 

It is stipulated and agreed by and between the attorneys for the respective parties 
that in the second precinct of the township of Summit, county of Jackson — Votes. 

Mark R. Bacon received 147 

Samuel W. Beakes received 131 

Edward J . Koch received 8 

Frank E. Titus received 5 

No choice 6 

Contestant's exhibits 3 

Returned member's exhibits 3 

Total number of ballots found in box and recounted 303 

The poll book showed that 303 persons voted in this precinct, and the next number 
on the unused ballots was 304. 

I hereby, on the 3d day of April, 1917, ascertain that Ralph A.- Lee and Byron A. 
Kennedy, witnesses duly subpoenaed and who testified before me on behalf of the 
returned Member in the contested-election case of Samuel W. Beakes, contestant, v. 
Mark R. Bacon, returned member, are each entitled to witness fees as follows: 

Ralph A. Lee, 1 day's attendance $0. 75 

Ralph A. Lee, 5 miles travel, at 5 cents 25 

Byron A. Kennedy, 1 day's attendance 75 

Byron A. Kennedy, 5 miles travel, at 5 cents 25 

Total . . ^ 2. 00 

James S. Allen, 
Notary Public, Jackson County, Mich. 

At this point, at the hour of 1.30 p. m., the proceedings were adjourned by direc- 
tion of the notary public until 9 o'clock on the following morning, April 4, 1917. 

James S. Allen, 
Notary Public, Jackson County, Mich. 



184 BEAKES VS. BACON. 

I certify that the foregoing is a true and correct transcript of all proceedings had 
before me this 3d day of April, 1917. 

[seal.] James S. Allen, 

Notary Public, JacMon County, Mich. 

And at 9 o'clock a. m. on the 4th day of April, 1917, the proceedings were resumed 
at the same place with the same parties present. 

Sandstone Township, county of Jackson. 

E. J. Fenn, supervisor of Sandstone Township, and Ernest Raymond, clerk of 
Sandstone Township, produced one wooden box, which was properly locked and 
sealed. These witnesses testified that the box had been in the possession of the clerk, 
Ernest Raymond, at his residence in Sandstone since the general election in No- 
.vember, 1916; that the key to the lock of the box had been in the possession of one of 
the justices of the peace of the township up to the election of April 2, 1917, when it 
was turned over to the supervisor, E.J. Fenn, and by him produced for the purpose 
of opening the box for recounting the ballots; that the ballots were placed in this box 
after being counted at the November, 1916, election and have been in this box and 
undisturbed since that time. 

It is stipulated and agreed by and between the attorneys for the respective parties 
that in the township of Sandstone, county of Jackson — Votes. 

Mark R. Bacon received , •. . 188 

Samuel W. Beakes received 134 

Edward J. Koch received 3 

Frank E. Titus received 4 

No choice 3 

Returned rriember's exhibit 1 

Spoiled ballot 1 

Unused ballot No. 5 • 1 

Total number of ballots found in box and recounted 335 

The poll book shows 334 persons voting, and the next number on the unused ballots 
was 336. 

I hereby, on the 4th day of April, 1917, ascertain that E. J. Fenn and Ernest Ray- 
mond, witnesses duly subpoenaed and who testified before me on behalf of the returned 
Member in the contested-election case of Samuel W. Beakes, contestant, v. Mark R. 
Bacon, Returned Member, are entitled to witness fees as follows: 

E. J. Fenn, 1 day's attendance |0. 75 

E. J. Fenn, 8 miles travel, at 5 cents 40 

Ernest Raymond, 1 day's attendance 75 

Ernest Raymond, 8 miles' travel, at 5 cents 40 

Total 2. 30 

[seal.] James S. Allen, 

Notary Public, Jackson County, Mich. 

Parma Township, county of Jackson. 

Irving J. Godfrey, supervisor of Parma Township, and B. F. Peckham, clerk of 
Parma Township, produced two iron boxes, one from the first precinct and one from 
the second precinct. The box from the first precinct was properly sealed over the top 
and over the lock. The box from the second precinct was sealed on the top, but the 
padlock was not sealed. These witnesses testified that the box from the first precinct 
has been in the possession of B. F. Peckham, the clerk, since the November, 1916, 
election, and that the box from the second precinct has been in possession of Wilson 
Davis, justice of the peace and member of the election board of the second precinct; 
that the said clerk obtained the box and key from the said Wilson Davis on the morn- 
ing of April 1, 1917; that he does not know who has had possession of the key to said 
box since election, but that he obtained the same from the said Wilson Davis at said 
time, and has had both box and key in his possession from April 1 until produced 
at this time. That the box from the first precinct has been in possession of the clerk 
since the November, 1916, election, and the key to same has been in the possession 
of the supervisor until produced at this hearing. 



BEAKES VS. BACON. 185 

Second precinct. 

It is stipulated and agreed by and between the attorneys for the respective parties 
that in the second precinct of the township of Parma, county of Jackson — 

Votes. 

Mark R. Bacon received - 56 

Samuel W. Beakes received ■ 31 

Edward J. Koch received 

Frank E. Titus received 

No choice 1 

Total number of ballots found in box and recounted 88 

The poll book shows that 88 persons voted, and the number of the next unusued 
ballot is 89. 

First precinct, Parma Township. 

It is stipulated and agreed by and between the attorneys for the respective parties 
that in the first precinct of the township of Parma, county of Jackson — 

Votes. 

Mark R. Bacon received 83 

Samuel W . Beakes received 117 

Edward J . Koch received 

Frank E. Titus received 5 

No choice 1 

Contesta.nt's exhibit 1 

Spoiled ballots. 2 

Total number of ballots found in box and recounted 209 

On one spoiled ballot is written, "This ballot changed for No. 400." There are no 
marks on either spoiled ballot to indicate voter's choice. 

Contestant's Exhibit No. 1, first precinct, Parma Township, being ballot No. 135, 
■with the number still on the ballot, is conceded that I. J. Godfrey, the supervisor, 
testified that the initials upon the back of the ballot, "B. F. P." are the initials of 
the township clerk, who was an inspector at said election, and that this ballot is the 
one used by the voter to vote at said election, and that the reason why the number 
is not torn off from the ballot is because said I.J. Godfrey, who received the ballot 
from the voter, neglected to tear off the number before depositing in the box. This 
ballot was found among the ballots in the box recounting said ballots. 

The poll book shows that 208 persons voted in this precinct and that the first num- 
ber on the unused ballots is 211. 

I hereby, on the 4th day of April, 1917, ascertain that Irving J. Godfrey and B. F. 
Peckham, witnesses duly subpoenaed and who testified before me on behalf of the 
Returned Member in the contested-election case of Samuel W. Beakes, contestant, v. 
Mark R. Bacon, Returned Member, are entitled to witness fees as follows: 

Irving J. Godfrey, 1 day's attendance |0. 75 

Irving J . Godfrey, 10 miles' travel, at 5 cents 50 

B. F. Peckham, 1 day's attendance 75 

B. F. Peckham, 10 miles' travel, at 5 cents 50 

2. 50 

[seal.] James S. Allen, 

Notary. Public, Jackson County, Mich. 

Pulaski Township, county of Jackson. 

Thomas Lovitt, supervisor of Pulaski Townshijp, county of Jackson, and Samuel 
Miller, clerk of Pulaski Township, county of Jackson, produced one wooden box, 
which was properly sealed over opening and over lock. These witnesses testified 
that the ballots were placed in this box after the November, 1916, election and that 
the box has been in the possession of the said township clerk continuously since that 
time, and that the key to said box has been continually in the possession of the super 
visor of said township since that time until both were produced by these witnesses at 
this hearing; that the box was sealed and locked immediately after the ballots were 
placed therein and have not been disturbed since. 



186 BEAKES VS. BACON. 

It is stipulated and agreed by and between the attorneys for the respective parties 
that in the township of Pulaski, county of Jackson — 

Votes. 

Mark R. Bacon received 117 

Samuel W. Beakes received 89 

Edward J. Koch received 

Prank E. Titus received 

No choice , 2 

Total number of ballots found in box and recounted 208 

The poll book shows 208 persons voted, and the next number on the unused ballots 
was 209. 

I hereby, on the 4th day of April, 1917, ascertain that Thomas Lovitt and Samuel 
Miller, witnesses duly subpoenaed and who testified before me on behalf of the re- 
turned Member in the contested-election case of Samuel W. Beakes, contestant, v. 
Mark R. Bacon, returned Member, are entitled to witness fees as follows: . 

Thomas Lovitt, 1 day's attendance $0. 75 

Thomas Lovitt, 20 miles' travel, at 5 cents 1. 00 

Samuel Miller, 1 day's attendance 75 

Samuel Miller, 20 niiles' travel, at 5 cents 1. 00 

Total ■ 3. 50 

[seal.] Jambs S. Allen, 

Notary Public, Jackson County, Mich. 

Rives Totvnship, Jackson County. 

Wilbur E. Eckerson, supervisor of Rives Township, and Lewis F. Poster, clerk of 
Rives Township, produced two boxes, which were both properly sealed over top and 
lock and both boxes were properly locked. These witnesses testified that these boxes 
had been in the possession of the clerk continuously from the November, 1916, election 
until produced at this hearing and that the key to the, boxes had been in possession 
of the super\dsor continuously from the November, 1916, election until April 2, 1917, 
Avhen it was delivered to one of the justices of the peace in said townsMp for use in the 
April, 1917, election, and the said supervisor after appearing at this hearing left and 
obtained the key from the said justice of the peace and then returned and produced 
the key and unlocked the boxes. That the ballots after being counted at the Novem- 
ber, 1916, election, were placed in these boxes and were not disturbed since that 
time, the boxes being all the time in the possession of the said clerk. 

It is stipulated and agreed by and between the attorneys for the respective parties 
that in the township of Rives, county of Jackson — 

Votes. 

Mark R. Bacon received 148 

Samuel W. Beakes received 119 

Edward J. Koch received 2 

Frank E. Titus received 15 

No choice 5 

Contestant's exhibits 2 

Total number of ballots found in box and recounted 291 

The poll book shows that 291 persons voted, and the next number on the unusued 
ballots is 292. 

It is conceded that Wilbur E. Eckerson testified in regard to contestant's Exhibit 2, 
Rives Township, county of Jackson, that he received said ballot from one of the voters 
on election day and deposited same in box and overlooked tearing off the numbered 
corner of the ballot; that it was simply his fault in failing to tear it off. It is conceded 
that this ballot was found among the other ballots in the box when same was opened 
for the purpose of recounting the ballots, and that the number on the ballot is 83. 

I hereby, on the 4th day of April, 1917, ascertain that Wilbur E. Eckerson and 
Lewis P. Foster, witnesses duly subpoenaed and who testified before me on behalf of 
the returned Member in the contested-election case of Samuel W. Beakes, contestant, 
V. Mark R. Bacon, returned Member, are entitled to witness fees as follows: 



BEAKES VS. BACON. 187 

Wilbur E. Eckerson, i day's attendance |. 075 

Wilbiu- E. Eckerson, 11 miles' travel, at 5 cents 55 

Lewis F. Foster, 1 day's attendance 75 

Lewis F. Foster, 11 miles' travel, at 5 cents 55 



Total 2. 60 

[seal.] James S. Allen, 

Notary Public, Jackson County, Mich. 

Norvell Township, county of Jackson. 

Charles V. Hay, supervisor of Norvell Township, county of Jackson, and Willis C. 
Pratt, clerk of the township of Norvell, county of Jackson, produced one box, which 
was properly sealed over top and over lock, and properly locked. These witnesses 
testified that the box has been in the possession of the township clerk since the No- 
vember, 1916, election; that he has kept it in the township clerk's office under lock and 
key. That the key to the box was in the hands of Andrew Pitman, justice of the 
peace, and the seal was in the hands of James G. O'Neil, one of the election inspectors, 
from the time of the election until after subpoena was served on the said township 
clerk in this contested-election case, at which time the said township clerk obtained 
the key and seal from the said Andrew Pitman and James G. O'Neil and has kept 
the box, seal and key in his possession since that time until produced at this hearing. 
That the box has not been opened or the contents of the box disturbed since the 
November, 1916, election. 

It is stipulated and agreed by and between the attorneys for the respective parties 
that in the township of Norvell, Jackson County — 

Votes. 

Mark R. Bacon received 79 

Samuel W. Beakes received 101 

Edward J. Koch 

Frank E. Titus 1 

No choice 3 

Total number of ballots found in box and recounted 184 

The poll book shows the names of 184 persons. The first unused ballot is No. 193 
The name of voter 67 is repeated under number 68, and the name of voter No. 163 is 
repeated under 164. Each of these voters destroyed their original ballot. 

I hereby, on the 4th day of April, 1917, ascertain that Charles V. Hay and Willis 
C. Pratt, witnesses duly subpoenaed and who testified before me on behalf of the 
returned Member in the contested-election case of Samuel W. Beakes, contestant, 
V. Mark R. Bacon, returned Member, are entitled to witness fees as follows: 

Charles V. Hay, 1 day's attendance |0. 75 

Charles V. Hay, 20 miles' travel, at 5 cents 1. 00 

Willis C. Pratt, 1 day's attendance 75 

Willis C. Pratt, 20 miles' travel, at 5 cents 1. 00 

Total 3. 50 

[seal.] James S. Allen, 

Notary Public, Jackson County, Mich. 

Concord Township, county of Jackson. , 

George L. Keeler, supervisor of Concord Township, Jackson County, and James G. 
Anderson, clerk of the same townsMp, produced one wooden ballot box, which was 
sealed with heaA^y piece of rubber over the opening in the top and over the lock, the 
ends of the rubber being fastened with red sealing wax with a proper impression of 
seal thereon. These witnesses testified that this box has been in the possession of the 
clerk from November 7, 1916, to this date, and the key has been in the possession of 
Mr. Keeler, the supervisor to this date, and the box has not been opened since Novem- 
ber 7, 1916, when it was sealed up, the seal being in the possession of another member 
of the election board. 



188 BEAKES VS. BACON. 

It is stipulated and agreed by and between the attorneys for the respective parties 
that in Concord Township, county of Jackson^ 

Votes. 

Mark R. Bacon received 178 

Samuel W. Beakes received 158 

Edward J. Koch received 1 

Frank E . Titus received 4 

No choice 5 

Returned Member's exhibit 1 

Total number of ballots found in box and recounted 347 

■ The poll book showed that 347 persons voted in this township, and the next number 
on the unused ballots was 348. 

I hereby, on the 4th day of April, 1917, ascertain that George L. Keeler and George 
G. Anderson, witnesses duly subpoenaed and who testified before me on behalf of the 
returned Member in the contested-election case of Samuel W. Beakes, contestant, v. 
Mark R. Bacon, returned member, are entitled to witness fees as follows: 

George li. Keeler, 1 day's attendance $0. 75 

George L. Keeler, 15 miles travel at 5 cents 75 

George G. Anderson, 1 da^'s attendance , 75 

George G. Anderson, 15 miles travel at 5 cents 75 

Total 3. 00 

[seal.] James S. Allen, 

Notary Public, Jackson County, Mich. 

By agreement of the attorneys for the respective parties the witnesses George L. 
Keeler and George G. And-erson we're sworn and the ballots for the township of Concord 
were counted on April 4, 1917, instead of April 6, 1917, the date given in the notice to 
take depositions and in the subpoena issued for these witnesses. 

At this point, at the hour of 2 o'clock p. m., the proceedings were adjourned by 
direction of the notary public until 9 o'clock a. m., Thursday, April 5, 1917. 

[seal.] James S. Allen, 

Notary Public, Jachson County, Mich. 

I certify that the foregoing is a true and correct transcript of all proceedings had 
before me this 4th day of April, 1917. 

[seal.] James S. Allen, 

Notary Public, Jackson County, Mich. 

And on the 5th day of April, 1917, in the same place, the said proceedings were 
continued as follows: 

Napoleon Township, Jackson County. 

Fred M. Andrews, supervisor Of Napoleon Township, Jackson County, and J.M. 
Richardson, township clerk of Napoleon Township, Jackson County, produced one 
iron ballot box, which was properly sealed over opening in box and also over lock so 
that box could not be opened without breaking wax seal. These witnesses testified 
that box was sealed by the townsliip clerk after ballots were placed in box after the 
November, 1916, election, since which time the box has been locked in up the town 
hall. That the key to the box has been in possession of the supervisor and the seal in 
possession of the justice of the peace, Herman Mellencamp, and that the contents of 
the box had not been disturbed since placed in the box after the said election. 

It is stipulated and agreed by and between the attorneys for the respective parties 
that in the township of Napoleon, County of Jackson — 

Votes- 

Mark R. Bacon received 112 

Samuel W. Beakes received 116 

Edward J. Koch received 1 

Frank E. Titus received 4 

No choice 1 

Contestant's exhibit -. 1 

Total number of ballots found in box and recounted .1 235 

The poll book has names of persons voting written opposite the Nos. 2 to 236, inclu- 
sive, there being no name written- opposite No. 1, making 235 persons voting as shown 
by the poll book. 



BEAKES VS. BACON. 189 

, I hereby, on the oth day of April, 1917, ascertain that Fred M. Andrews and J. M. 
Richardson, witnesses duly subpoenaed and who testified before me on behalf of the 
returned Member in the contested-election case of Samuel W. Beakes, contestant, v. 
Mark R. Bacon, returned Member, are entitled to witness fees as follows: 

Fred M. Andrews, 1 day's attendance $0. 75 

Fred M. Andrews, 11 miles' travel, at 5 cents 65 

J. M. Richardson, 1 day's attendance 75 

J. M. Richardson, 11 miles' travel, at 5 cents 65 

Total 2. 80 

[seal.] James S. Allen, 

Notary Public, Jackson County, Mich. 

Henrietta Township, Jackson County. 

Owen J. Sayers, supervisor of the township of Henrietta, Jackson County, and 
W. Wallace Nichol, clerk of the same township, produced one iron box, which was 
properly sealed over the opening and over the lock. These witnesses testified that 
the box was properly sealed in their presence after the ballots were placed therein 
after the November, 1916, eliection, and that the box has been in the possession of 
the township clerk at his office in his residence in said townshijp continuously since 
said election until produced at this hearing. That the key to said box has been 
in the possession of the supervisor and that the box and key have not been in the 
possession of the same person at any time since said election and that the contents 
have not been in any way disturbed since said time. 

It is stipulated and agreed by and between the attorneys for the respective parties 
that in the township of Henrietta, county of Jackson — 

Votes. 

Mark R. Bacon received 117 

Samuel W. Beakes received 138 

Edward J. Koch received 2 

Frank E. Titus received 3 

No choice 5 

Total number of ballots found in box and recounted 265 

The poll book show? 265 persons voting, and the next number on the unused 
ballots was 266 

I hereby, on the 5th day of April, 1917, ascertain that Owen J. Sayers and W. 
Wallace Nichol, witnesses duly subpoenaed and who testified before me on behalf 
of the returned member in the contested-election case of Samuel W. Beakes, con- 
testant, V. Mark R. Bacon, returned Member, are entitled to witness fees as follows: 

Owen J. Sayers, 1 day's attendance SO. 75 

Owen J. Sayers, 15 miles' travel, at 5 cents 75 

W. Wallace Nichol, 1 day's attendance 75 

W. Wallace Nichol, 10 miles' travel, at 5 cents 50 

Total 2. 75 

[sE.i.L.] James S. All-en, 

Notary Public, Jackson County, Mich. 

By agreement of the attorneys for the respective parties the -witnesses from the 
townships of Blackman, Coliunbia, and Grass Lake, subpoenaed for Friday, April 
6, were called and examined and the ballots for said townships counted on Thurs- 
day, April 5, 1917, instead of on Friday, April 6, 1917, the date given in the notice 
to take depos'tions. 

Columbia Toirnship, Jackson County. 

Wilson J. Neeley, supervisor of the townsMp of Columbia, Jackson Coimty, and 
John C. Covert, clVrk of the same township, produced two iron boxes, one for the 
first precinct of said township and one for the second precinct of said township, 
which were both properly sealed over the opening and over the lock. These wit- 
nesses testified, that the boxes had been in the possession of the township clerk at 
his office since the ballots were placed therein after the November, 1916, election; 
that the boxes were sealed as they were' when produced at this proceeding at the 
time of said election and have been in the possession of the township clerk con- 
tinuously since that time. That the key to the boxes has been in the possession of 
the supervisor continuously since the said election, and that the contents of the 
boxes have not been disturbed during that time. 



190 BEAKES VS. BACON. 

Second precinct. 

It is s tipulated and agreed by and between the attorneys for the respective parties 
that In the second precinct of the township of Columbia — 

Votes. 

Mark R. Bacon received 71 

Samuel W. Beakes received 98 

Edward J. Koch received 1 

Frank E. Titus received 1 

Total number of ballots found in box and recounted 171 

The poll book for this precinct shows the names of 171 persons as voting. 

First precinct. 

It is stipulated and agreed by and between the attorneys for the respective parties 
that in the first precinct of the township of Columbia — 

Votes. 

Mark R. Bacon received - 1 17 

Samuel W. Beakes received 131 

Edward J. Koch received 

Frank E. Titus received ,- 8 

No choice 6 

Contestant's exhibit 1 

Total number of ballots found in box and recounted 263 

The poll book shows names after the first three numbers. Opposite the nurnber 
4 are the words, "Not voted." Names appear after the Nos. 5 to 263, inclusive, 
which would show 262 persons as voting. The next number on the unused ballots 
was 267. 

I hereby, on the 5th day of April, 1917, ascertain that Wilson J. Neelev and John 
C. Covert, witnesses dtily subpcenaed and who testified before me on behalf of the 
returned Member in the contested-election case of Samuel W. Beakes, contestant, 
V. Mark R. Bacon, returned Member, are entitled to witness fees as follows: 

Wilson J. Neeley, 1 day's attendance $0. 75 

Wilson J. Neeley, 15 miles' travel, at 5 cents 75 

John C. Covert, 1 day's attendance 75 

John C. Covert, 15 miles' travel, at 5 cents 75 

Total 3. 00 

[seal.] James S. Allen, 

Notary Public, Jackson County, Mich. 

Hanover Township, Jackson County. 

Arthur Tefft, supervisor of the township of Hanover, county of Jackson, and Lee 
Folks, township clerk of the same township, produced one iron box, which had a 
padlock fastening the opening in the top, which opening and padlock was properly 
sealed. This box had a cover which telescoped over the lower portion of the box and 
was locked with a hasp and padlock, which padlock was properly locked, but there 
was no seal over this lock. These witnesses testified that the box has been in posses- 
sion of the township clerk since the ballots were placed therein after the November, 
1916, election, and that the key has been in the possession of the supervisor since said 
election, and that at no time has the same person had possession of both the box and 
the key at one and the same time. 

It is stipulated and agreed by and between the attorneys for the respective parties 
that in the township of Hanover, county of Jackson — 

Votes. 

Mark R. Bacon received 154 

Samuel W. Beakes received 188 

Edward J. Koch received 1 

Frank E. Titus received 3 

No choice 10 

Returned member's exhibit 1 

Total number of ballots found in box and recounted 257 



BEAKES VS. BACOlSr. 191 

The poll book shows the names of 258 persons as voting, but opposite one of these 
numbers was the name of a woman voter, making the number of voters voting for 
Representative in Congress 257. 

I hereby, on the 5th day of April, 1917, ascertain that Arthur Tefft and Lee Folks, 
^vitnesses duly subpoenaed and who testified before me on behalf of the returned 
Member in the contested-election case of Samuel W. Beakes, contestant, v. Mark R. 
Bacon, returned Member, are entitled to witness fees as follows: 

Arthur Tefft, 1 day's attendance $0. 75 

Arthur Tefft, 17 miles' travel, at 5 cents 85 

Lee Folks, 1 day's attendance 75 

Lee Folks, 15 miles' travel, at 5 cents 75 

Total 3. 10 

[seal.] James S. Allen, 

Notary Public, Jackson County, Mich. 

Blackman Township, County of Jackson. 

Fred Scarborough, supervisor of the township of Blackman, and Charles J. Stevens, 
clerk of the same township, produced three tin and galvanized iron boxes, one ballot 
box being the one used in the first precinct of said .towndhip and two smaller ones 
which were used in the second precinct of same township. All three boxes were 
properly sealed over opening and over lock. These witnesses testified that these 
boxes had been in the possession of the township clerk since the November, 1916, 
election, having been stored in the town hall during that time. The keys to the 
boxes have been in the possession of the supervisor and the seal in the possession of 
the justice of the peace of the township. That these boxes contained the ballots 
used in the November, 1916, election, and that the contents of the boxes have not 
been disturbed or the boxes opened since said election. 

Second precinct. 

It is stipulated and' agreed by and between the attorneys for the respective parties 
that in the second precinct of Blackman Township, County of Jackson — 

Votes. 

Mark R. Bacon received 93 

Samuel W. Beakes received 96 

Edward J. Koch received 2 

Frank E. Titus received - 3 

No choice 3 

Contestant's exhibit 1 

Total number of ballots found in box and recounted 198 

The poll book shows the names of 198 persons voting. 

First precinct Blackman Township. 

It is stipulated and agreed by and between the attorneys for the respective parties 
that in the first precinct of Blackman Township — 

Votes. 

Mark R. Bacon received 144 

Samuel W. Beakes received Ill 

Edward J. Koch received 3 

Frank E. Titus received 3 

No choice 8 

Total number of ballots found in box and recounted 269 

The poll book shows 269 persons as voting in this precinct. 

I hereby, on the 5th of April, 1917, ascertain that Fred Scarborough and Charles J. 
Stevens, witnesses duly subpoenaed and who testified before me on behalf of the 



192 BEAKES VS. BACOIsl. 

returned Member in the contested-election case of Samuel W. Beakes, contestant, 
V. Mark R. Bacon, returned Member, are entitled to witness fees as follows: 

Fred Scarborough, 1 day's attendance $0. 75 

Fred Scarborough, 5 miles' travel, at 5 cents ; 25 

Charles J. Stevens, 1 day's attendance 75 

Charles J. Stevens, 5 miles' travel, at 5 cents 25 

Total 2. 00 

[seal.] , James S. Allen, 

Notary Public, Jackson County, Mich. 

Liberty Township, county of Jackson. 

Bruce J. Crum, super\asor of the township of Liberty, and Leamon L. Choate, 
township clerk of the same township, produced one iron box, which was sealed over 
the opening in the top of box, but was not sealed over the lock. These witnesses 
testified after the November, 1916, election the box was sealed up and locked and 
placed in the possession of the township clerk, and by him stored in the town hall, 
which is also used as the Masonic lodge room, and that box has been stored in that 
place continuously from the time of the election until produced at this hearing. That 
the key has been in the possession of the supervisor since said election continually, 
except upon April 2, 1917, when it was delivered to the board of election inspectors 
for use on that day for the spring election. That the contents of the box have not 
been disturbed at an> time since the election until produced at this hearing. 

It is stipulated and agreed by and between the attorneys for the respective parties 
that in the township of Liberty, Jackson County — 

Votes. 

Mark R. Bacon received 80 

Samuel W. Beakes received .- 135 

Edward J. Koch received 

Frank E . Titus received 

No choice 1 

Total number of ballots foimd in box and recounted 216 

The poll book shows the names of 216 persons as voting in this toAvnship. 

I hereby, on the 5th day of April, 1917, ascertain that Bruce J. Crum and Leamon 
L. Choate, witnesses duly subpoenaed and who testified before me on behalf of the 
returned Member in the contested-election case of Samuel W. Beakes, contestant, v. 
Mark R. Bacon, returned Member, are entitled to witness fees as follows: 

Bruce J. Crum, 1 day's attendance $0. 75 

Bruce J. Crum, 10 miles' travel, at 5 cents 50 

Leamon L. Choate, 1 day's attendance • .75 

Leamon L. Choate, 15 miles' travel , at 5 cents 75 

Total 2.75 

[seal.] James S. Allen, 

Notary Public, Jackson County, Mich. 

Grass Lake Township, county of Jackson.. 

Norman M. Davis, supervisor of the township of Grass Lake, and W. K. Crafts, 
deputy county clerk, appearing on account of sickness of Timothy Marrinane, town- 
ship clerk, produced two iron boxes, one of which was properly sealed both over open- 
ing in top of box and over the lock, and the other was sealed over the opening in top 
of box and was sealed over the padlock with a strip of cloth fastened at each end with 
red sealing wax, but with the cloth so affixed that the lock could be removed from 
under the cloth band, so that it could be unlocked without breaking the seals. Nor- 
man M. Davis testified that the box has been stored in the town hall in the charge of 
the township clerk continuously since the November, 1916. election, and that he has 
had possession of the key to said box continuously during that time, and that the seal 
has been in possession of the justice of the peace, and that the contents of the boxes 
have not been disturbed or tampered with during that time. 



BEAKES VS. BACON. 193 

It is stipulated and agreed by and between the attorneys for the repsective parties 
that in the township of Grass Lake, County of Jackson — 

Votes. 

Mark R. Bacon received 205 

Samuel W. B.'akes received 1^1 

Ed'ward .T. Koch received 3 

Frank E. Titus received 7 

No choice 4 

Contestant's exhibits 3 

Returned Member's exhioits 1 

Total numoer oi ballots found in box and recounted 414 

The poll book has opposite No. 405 "Not voted" and after 262 "Mutilated," and 
has names opposite all the other numbers up to and including 418, indicating two more 
persons voting than ballots found in box . 

I hereby, on the 5th day of April, 1917, ascertain that Norman M. Davis, a witness 
duly subpoenaed, and "W. K. Crafts, a witness appearing before me, and who testified 
before me on behalf of the returned Member in the contested-election case of Samuel 
W. Beakes, contestant, v. Mark R. Bacon, returned Member, are entitled to witness 
fees as follows : 

Norman M. Davis, 1 day's attendance $0. 75 

Norman M. Davis, 16 miles' travel, at 5 cents 80 

W. K. Crafts, 1 dav 's attendance 75 

W. K. Crafts, 12 niiles' travel, at 5 cents 60 

Total 2. 90 

[seal.] ■ James S. Allen, 

Notary Public, Jackson County, Mich. 

Leoni Township, county of Jackson. 

Joseph Walz, supervisor of Leoni Township, Jackson Cotmty, and James C. Bates, 
township clerk of the same township, produced three wooden boxes. The two larger 
ones were sealed with a piece of cheesecloth passing over the opening and over the 
lock, but the cloth was attached in such a way that the lock could be slipped out from 
under the cloth, so that lock could be unlocked without breaking the seals. The 
third and smallest box was properly sealed over both top and lock. These witnesses 
testified that the boxes had been in the possession of the township clerk in his resi- 
dence in said township continually since the November, 1916, election; that the key 
had been in the possession of the supervisor continually during that time and at no 
time had one person had possession of both the key and the boxes, and that the con- 
tents of the boxes had not been disturbed or tampered with in any way or the boxes 
opened since the November, 1916, election until pKoduced at this hearing. 

It is stipulated and agreed by and between the attorneys for the respective parties 
thai in the Township of Leoni, County of Jackson — 

Votes. 

. tark R. Bacon received 178 

S.amuel W. Beakes received " 213 

E(iward J. Koch received 4 ' 

FrSinkE. Titus 4 

No . ■hoice 18 

Total number of ballots found in ballot box and recounted 417 

The poll book shows 416 persons voted. 

I htreby, on the 5th day of April, 1917, ascertain that Joseph Walz and James C. 
Bates, vviiiiesses duly subpoenaed and who testified before me on behalf of the returned 
membi r in the contested-election case of Samuel W. Beakes, contestant, v. Mark R. 
Bacon, retmr.ed Member, are entitled to witness fees as follows: 

Joseph Walz, 1 day's attendance |0. 75 

Joseph Wal/., 10 miles' travel, at 5 cents 50 

James C. Batoe', 1 day's attendance 75 

James C. Bale.s. 10 miles' travel, at 5 cents 50 

Total 2. 50 

[seal.] James S. Allen, 

Notary Public, Jackson County, Mich. 
966»4— 17 ^13 



194 BEAKES VS. BACON. 

It is stipulated and agreed by and between the attorneys for the respective parties 
that the foregoing deposition, consisting of 30 pages, is a true transcript of the pro- 
ceedings taken before James S. Allen, a notary public in and for the county of Jack- 
son, Mich., on April 3, 4, and 5, 1917, on behalf of the returned Member, pursuant 
to the notice and proof of service prefixed to said deposition, and that the exhibits 
attached to said deposition are the original exhibits and are marked on the backs 
thereof as such exhibits an dsigned by James S. Allen, notary public. 
Dated at Jackson, Mich., April 5, 1917. 

Arthur Brown, 
Attorney for Contestant. 
A. J. Sawyer, 
Attorney for Returned Member. 

I certify that the foregoing is a true and correct transcript of all proceedings had 
before me this 5th day of April, 1917. 

[seal.] ' ' James S. Allen, 

Notary Public, Jackson County, Mich. 

The foregoing witnesses, E. C. Sibley, A. C. Banister, Orville P. Tannar, Herbert A. 
Anderson, Fred W. Radford, Herbert Harvey, Harry L. Woodard, C: J. Town, Ralph 
A. Lee, Byron A. Kennedy, E. J. Fenn, Ernest Raymond, Irving J. Godfrey, B. F. 
Peckham, Thomas Lovitt, Samuel Miller, Wilbur E. Eckerson, Lewis F. Foster, 
Charles V. Hay, Willis C. Pratt, George L. Keeler, James G. Anderson, Fred M. 
Andrews, J. M. Richardson, Owen J. Sayers, W. Wallace Nichol, Wilson J. Neeley, 
John C. Covert, Arthur Tefft, Lee Folks, Fred Scarborough, Chas, J. Stevens, Bruce J. 
Crum, Leamon L. Choate, Norman M. Davis, W. K. Crafts, Joseph Walz, and James C. 
Bates, called on behalf of the returned member herein, Were all called pursuant to 
the notice to take depositions and to the subpoenas attached hereto, and were each 
severally sworn by me to tell the truth, the whole truth, and nothing but the truth 
concerning the matters in issue in this cause, and the testimony of each of 'said wit- 
nesses as stipulated and agreed to by the attorneys for the respective parties was 
thereupon reduced to writing by me and in the presence of the attorneys and agents 
of the respective parties. 

All certified copies of records and all exhibits and papers produced and offered in 
evidence before me are attached hereto and are transmitted herewith with the testi- 
mony of such witnesses, except such exhibits as it was agreed among counsel for the 
respective parties should be retained by nae for the purpose of being produced at the 
taking of depositions hereafter oil behalf of the contestant herein. ■ 

All notices to take depositions, with proof of service thereof; and the subpoenas of all 
witnesses served are also attached and returned herewith. 

' And I hereby certify that the foregoing, together with said exhibits is a full and 
cori'ect record and transcript of air proceedings had and takeii before me in the said 
contested election case. ■ 

[seal.] James S. Allen, 

Notary Public, Jackson County , Mich. 

My commission expires November 28, 1920. 
Fees: 

To 3 days taking deposition, at $10 $30 00 

To one-half day arranging exhibits, attaching, certifying, and mailing 5. (K) 

Total 35,, pO 

[seal.] James S. Allen, 

Notay Public, Jackson County, Midi. 

Contestant's Exhibit, Official Ballots op Yarious Townships, J.\ckson 
County— James S. AllejI, NdTAuV Public. 

[Omitted in printing.] 

Returned Member's Exhibits, Official Ballots op Various Townships, 
Jackson County — James S. Allen, Notary Public 



[Omitted in printing.] 

Returned Member's 

[Omitted in printing.] 



Returned Member's Exhibit No. 1, Poll Book— James S. Allkn, Notary 
Public. 



BEAKES VS. BACON. 195 

DEPOSITIONS ON BEHALF OF CONTESTEE. 

Present: Bertrand D. Connolly, notary public. 

Proceedings had before me, Bertrand D. Connolly, a notary public in and for 
Wayne County, State of Michigan, of which county the following divisions are in the 
second congressional district of Michigan: Brownstown, Canton, Ecorse, Grosse Isle, 
Huron, Monguagon, Plymouth, Romulus, Sumter, Taylor, Van Buren, and the city 
of Wyandotte, sitting for the purpose of taking testimony in the above-entitled con- 
tested election case. 

On April 9, 1917, at 10 o'clock a. m., at 408 Wayne County Building, in the city of 
Detroit, in said county, I attended pursuant to the notice to take depositions and to 
the subpoena prefixed hereto. ■■,.-. , 

■ Appearances: Arthur Brown, Esq., attorney for contestant; Guy A. Miller, Esq., 
attorney for returned Member. 

Grosse Isle Township, Wayne County. 

JACKSON B. CLARK, being called as a vsdtness on behalf of the returned Member, 
was examined and testified as follows: 

That he is attorney for H. Leonard Wilton, supervisor of Grosse Isle Township, 
Mich.; and appears for Mr. Wilton, and delivers the keys to the ballot box of Grosse 
Isle Township, which he received from Mr. Wilton personally, on Saturday, April 7, 
1917, at his office, fifth floor Butler Building, Detroit, Mich. ; that Mr. Wilton is absent 
from the township of Grosse Isle to-day, and therefore unable to appear at the taking 
of these depositions. 

J. FREDERICK BURDENO, being called as a witness on behalf of the returned 
Member, was examined and testified as follows: 

That he is the township clerk of Grosse Isle Township, county of Wayne, and State 
of Michigan; that the ballots used at the November 7, 1916, election are in the box 
he produces here; that the box after the election was sealed up, although he did not 
personally see it sealed, but it was sealed when he received it; that he received it 
just as soon as it was sealed; thathe saAV the inspectors working at it during the sealing; 
that he knows absolutely that the box has not been opened up by anybody since it 
was sealed and delivered to him; that it has been at his home since that time. 

Mr. Miller. In the township of Grosse Isle it is conceded that the ballots now in 
the box on recount show as follows: 

Mark R. Bacon received 97 

Samuel W. Beakes received 72 

No choice 4 

Returned member's exhibit attached - 1 

Total 174 

The poll book at the election shows the names of 174 electors as having voted at said 
election. 

I hereby, on this 9th day of April, 1917, ascertain that H. Leonard Wilton, a witness 
called and who was represented by Jackson B. Clark, who testified before me on said 
day in the contested-election case of Samuel W. Beakes, contestant, v. -Mark B. 
Bacon, returned Member, is entitled to witness fees, as follows: 

1 day's attendance $0. 75 

20 miles necessary travel 1. 00 

Total 1. 75 

And I hereby certify the said amount to be correct. 

Bertrand D. Connolly, 

Notary Public, Wayne County, Mich. 

I hereby, on this 9th day of April, 1917, ascertain that J. Frederick Burdeno, a wit- 
ness called and who testified before me on said day in the contested-election case 



196 BEAKES VS. BACON. 

of Samuel W. Beakes, contestant, v. Mark R. Bacon, returned Member, is entitled to 
witness fees, as follows: 

1 day's attendance $0. 75 

20 miles necessary travel 1. 00 

Total 1. 75 

And I certify the said amount to be correct. 

Bertrand D. Connolly, 
Notary Public, Wayne County, Mich. 

Mr. Miller. It is conceded that the testimony of witnesses herein contained, 
unless otherwise so stated in connection with each witness, is the testimony of that 
witness; and it is further conceded that said testimony need not be signed, unless 
express demand therefor be made in connection with his testimony; this concession 
to apply to all testimony with regard to votes and precincts in Wayne County. 

Arthur Brown, 
Attorney for Contestant. 
Guy a. Miller, 
Attorney for Returned Member. 

The foregoing stipulation, after being reduced to writing by me, was subscribed 
in my presence. 

Bertrand D. Connolly, 
Notary Public, Wayne County, Mich. 

Canton Township, Wayne County. 

CLIFFORD E. McCLUMPHA, being called as a witness on behalf of the returned 
Member, was examined, and testified as follows: 

That he is clerk of Canton Township^ Wayne County, Mich. ; that he produces two 
boxes of ballots, which he has had in his possession since the November 7, 1916, 
election ; that the supervisor of Canton Township has had the keys to the boxes since 
the election; that the supervisor's name is Louis Truesell; that he has never had the 
boxes and the keys together; that the seal on the galvanized ballot box is broken 
off; but it was intact when he left home to appear here as a witness; that it was broken 
off on the way here by the jar of the automobile oyer the country roads; that the 
boxes were sealed at election time in his presence by Mr. Truesell and Mr. Smith, 
members of the board; that neither of the boxes have been opened since election. 

Mr. Miller. The poll book in the township of Canton shows the names of 257 
voters, and indicates that 257 votes were cast at said election. 

It is conceded that a recount of the ballots in the box for Canton Township, Wayne 
County, Mich., shows the following result: 

Mark R. Bacon received 138 

Beakes received 108 

Titus received - 4 

No vote - 7 

Total - - 257 

Brownstown Township, Wayne County, boxes from precinct No. 1 and precinct No. 2. 

LYMAN STILES, being called as a witness on behalf of the returned Member, 
was examined and testified as follows : 

Mr. Miller. Mr. Stiles, as to Brownstown precinct box No. 1, in whose possession 
has that box been since the November election? 

Mr. Stiles. In the possession of the clerk. 

Mr. Miller. What is his name? 

Mr. Stiles. Floyd Bryant. 

Mr. Miller. Who has had the keys? 

Mr. Stiles. They have been in his charge. 

Mr. Miller. He has had the keys also? 

Mr. Stiles. Yes. 

Mr. Miller. What is your position in the township, Mr. Stilus? 

Mr. Stiles. Supervisor. 

Mr. Miller. You say that you have not had the keys? 



BEAKES VS. BACOF. 197 

Mr. Stiles. I have not liad of that one. 

Mr. Miller. Not of the box in precinct No. 1? 

Mr. Stiles. I have not; no, sir. 

Mr. Miller. Have you had the keys of the box in precinct No. 2? 

Mr. Stiles. I have. 

Mr. Miller. Have you had those keys since the date of the November election? 

Mr. Stiles. Yes, sir. 

Mr. Miller. When the Congressman was voted for? 

Mr. Stiles. Yes, sir. 

Mr. Miller. Who has had possession of the box in precinct No. 2, township of 
Brownstown? 

Mr. Stiles. Well, you might say that I have. I left it in the polling place where 
we hold our elections; it was under my charge. 

Mr. Miller. Where is that polling place located? 

Mr. Stiles. It is in the village hall. 

Mr. Miller. The town hall? 

Mr. Stiles. Yes, sir; where'we hold our town meetings. 

Mr. Miller. I understand, Mr. Stiles, at some time later than the election you 
found that this box had been opened? 

Mr. Miller. On primary day I discovered that the box, the lock on the box was 
gone, and the box had been opened; and I found a bottle of whisky in the box, and 
the cork was out, and it had run out. 

Mr. Miller. That is the box in precinct No. 2, Brownstown Township? 

Mr. Stiles. Yes, sir. 

Mr. Miller. Primary election was held on March 7 — on March 7, 1917? 

Mr. Stiles. On March 7; yes, sir. 

Mr. Miller. The congressional election was held on November 7, 1916? 

Mr. Stiles. Yes, sir. 

Mr. Miller. Were these two boxes kept in the same place? 

Mr. Stiles. They were not. 

Mr. Miller. The bidx in the first precinct was in the possession of the clerk? 

Mr. Stiles. Yes, sir. 

Mr. Miller. At his home, or don't you know? 

Mr. Stiles. No; they were not at his home, were they? They were in his office, 
I tliink. 

Mr. Floyd Bryant. They were locked up in a room there at the town hall. 

Mr. Miller. After you found that the box in precinct No. 2 had been opened, 
wh9,t did you then do with it? 

Mr. Stiles. Some of the ballots were wet with the whisky, and I laid them down 
near the stove and dried them. They were all tied up just the same as we had left 
them. I dried them as much as I could, and put them back in the box and sealed 
it up again. 

Mr. Miller. As the box appears now before Mr. Connolly, is it in the same condi- 
tion as it was after you sealed it up and received it? 

Mr. Stiles. Yes, sir. 

Mr. Miller. Who has had possession of the box since that time? 

Mr. Stile.s;. I have. 

Mr. Miller. That is all. 

Mr. Brown. I notice that on the box which you claim contains the ballots in the 
first precinct there is the impression of a wax seal . Who has -had possession of that 
seal since that time? 

Mr. Bryant. I have had possession of it. 

Mr. Brown. The clerk? 

Mr. Stiles. Yes, sir. 

Mr. Brown. The clerk has had possession of the box, the key, and the seal ever 
since that time? 

Mr. Stiles. Yes, sir. 

Mr. Brown. Let us have the clerk sworn. 

FLOYD BRYANT, being called as a witness on behalf of the returned Member, 
was examined and testified as follows: 

Mr. Brown. I notice that this box containing the ballots for precinct No. 1 is now 
properly sealed and locked, and you say that you have had the box, the key, and 
the seal since election? 

Mr. Bryant. Yes, sir. 

Mr. Brown. On November 7, 1916? 

Mr. Bryant. Yes, sir. 



198 BEAKES VS. BACON. 

Mr. Brown. Has the box been opei;ie4 since that time? 

Mr. Bryant. No, sir; not as I know of . 

Mr. Brown. Could the box — could, anybody, have acquired the key and unlocked 
the box and then seal it up as it is now without your knowledge? 

Mr. Bryant. No, sir. . , .■■ 

Mr. Brown. Then, you swear positively that this box has not been opened since 
that time? / 

Mr. Bryant. Not unless it was opened on election day. Of course, I didn't have 
the keys or seal at that time. , , , . . 

Mr. Brown. You know that the box was not opened at primary election time? 

Mr. Stiles. That box? ; 

Mr. Brown. Yes; for precinct No. 1. , 

Mr. Stii.es. No; I couldn't say to that. I was down at the other precinct at that 
time. 

Mr. Bryant. I, don't think it was. 

Mr. Brown. I don't think it was, myself. 

Mr. Bryant. J don't believe it was possible. ... 

Mr. Miller. You say as to the box in precinct No. 2, that you have had possession 
of the box and the keys? 

Mr. Bryant. No. , : 

Mr. Miller. You had nothing to do with the box in precinct No. 2? 

Mr. Bryant. No,., . ,, 

Mr. Miller. As to the box in precinct No. 1, you had possession of the box, the 
keys, and the seal? 

Mr. Bryant. I did. 

Mr. Miller. When did you get the, keys and, seal? 

Mr. Bryant. The keys and seal at election time. . . 

Mr. Miller. Right af election time, and you kept possession of the keys and seal 
continuously from election time until the present time? ,, ., ;, 

Mr. Bryant,. I couldn't, swear to that; it is so long back. It seems to me that 
Butler had that seal; the justice. 

Mr. Stiles. Oh, yes; the oldest justice held that key. 

M.X- Brown. Then, you didn't have the seal at all? 

Mr. B-RYANT. No; not at that time. 

Mr. Miller. Whei^ didyovi get the sea.!. Mr. Bryant?, 

Mr. Bryant. In our primary. I think it was our primary. I called on Mr. Butler 
and got the key. 

Mr. Stiles. That is right. . , , 

Mr. Bryant. I am pretty sure that was the way.it was; the seal, I, mean. 

Mr. Miller. You have had the seal since the primary election, then? 

Mr. Bryant. I have. 

Mr. Miller. And the box and the keys? 

Mr. Bryant. And the box. 

Mr. Miller. Since the primary election? 

Mr. Bryant. And the keys. 

ROBERT JOHNSON, being called as a witness on behalf of the returned Member, 
was examined, and testified as follows: 

Mr. Miller. What do .you know about these boxes? 

Mr. Johnson. What I know of that box — precinct No. 1 — is, that on this last 
election day I was the officer of the day, and I had the keys to the room where the 
box was locked up; and I was there all the time, except while I was at my dinner 
and supper. I know that there was nobody in that room on that day, unless it was 
while I was gone, I had the keys with me. ; 

Mr. Miller. Well, now, Mr. Brown, as to this box in precinct No. 1, I have no 
doubt that it is in the same condition that it was at the time the box was closed up 
after the election. 

Mr. Brown. I think so. 

Mr. Miller. I haven't any doubt about that. 

Mr. Brown. No; I haven't either. 

Mr. Miller,. So, unless you have an objection, unless you object to the opening, of 
the box, we will go ahead with that. But as to the box of precinct No. 2, I don't 
beUeve under the facts it should be opened and the ballots counted. I therefore 
will not offer the contents of that box. 

Mr. Brown. I am satisfied that this box has not been opened; that is precinct 
No. 1; that is, from the appearances, and what these gentlemen say about it. 



BEAKES VS. BACON. 199 

Mr. Miller. Yes; but on tljat precinct No,^, the testimony of Mr. Stiles shows 
that — whether the ballots have been monkeyed with or not, there is ample oppor- 
tunit}^ for that to have happened. Under the circumstances I don't think we ought 
to go into the box at all. 

Mr. Brown. Of course I will join with you and agree with you about what is in 
the box, but I would want to interpose an objection that the contents have not been 
properly preserved. 

Mr. Miller. I am willing to-do that merely as a matter of curiosity jor for the sake 
of finding what is in there, but so far as offering the ballots in evidence is concerned, 
I won't do that. , . ■ 

Inasmuch as the cricumstance? under which the ballot box of precinct No. 2, of 
Brownstown Township, have been preserved, are similar to those which appeared 
in the case of the second precinct of the sixth ward of Jackson, the returned member 
declines to offer in evidence the result of the ccnint of ballots herein. 

Mr. Brown. A recount of the ballots in ballot box of the first precinct of Brownstown 
Township, Wayne County, Mich., shows the following results 

Votes. 

Mark R. Bacon received - 159 

Samuel W. Beakes received - 103 

Edward J. Koch received - - 1 

Frank E. Titus received 4 

No choice ip 

Beakes exhibits 2 

Bacon exhibits 2 

Total , .........: 281 

The poll book shows the names ;0f 281 persons as having voted- 
Mr. Brown. A recount of the ballots in the ballot box of the second precinct of 
Brownstown Township, Wayne County, Mich., shows the following result: 

VoteS: 

Mark R. Bacon received - - ■ '^^ 

Samuel W. Beakes received 88 

Frank E. Titus received 4 

No choice 3 

Total.... - ...,.-.. ,, - 174 

The poll book shows 177 names. The ballots were found to be 3 short. 

I hereby, on this 9th day of April, 1917, ascertain that Clifford E. McClumpha, a 
witness called, and who testified before me on said day in the contested-election case 
of Samuel W. Bea^kes, contestant, v. Mark R. Bacon, returned Member, is entitled 
to witness fees as follows: 

1 day's attendance $0. 75 

27 miles necessary travel 1-35 

Total.... . . ..:........... 2. 05 

And I certify the said amount to be correct. 

Bertrand D. Connolly, 
Notary Public, Wayne County, Mich. 

I hereby, on this 9th day of April, 1917, ascertain that Lyman Stiles, a witness 
called and who testified before me on said day in the contested-election case of Samuel 
W. Beakes, contestant, v. Mark R. Bacon, returned Member, is entitled to witness 
fees as follows: 

i day's attendance |0. 75 

24 miles necessary travel 1-20 

Total ■ 1-95 

And I certify the said amount to be correct. 

Bertrand D. Connolly, 
Notary Public, Wayne County, Mich. 



200 BEAKES VS. BACON. 

I hereby, on this 9th day of April, 1917, ascertain that Floyd Bryant, a witness called 
and who testified before me on said day in the contested-election case of Samuel W. 
Beakes, contestant, v. Mark R. Bacon, retm-ned Member, is entitled to witness fees 
as follows: 

1 day's attendance $0. 75 

24 miles necessary travel 1. 20 

Total. . , 1. 95 

And I certify the said amount to be correct. 

Bertrand D. Connolly, 
Notary Public, Wayne County, Mich. 

At this point, at the hour of 12.15 p. m., a recess was taken for luncheon at the 
direction of the notary public until 1.30 p. m. the same day, April 9, 1917. 

The room containing the ballot boxes was then locked by me, the key being retained 
in my possession. 

I certify that the foregoing is a true and correct transcript of all proceedings had 
before me in the morning of April 9, 1917. 

Bertrand D. Connolly, 
Notary Public, Wayne County, Mich. 

And on the 9th day of April, 1917, at 1.30 p. m., at the same place, the proceedings 
were continued as follows: 

ABEL N. LEZOTTE, being called as a witness on behalf of the returned Member, 
was examined and testified as follows: 

Mr. Miller. Where do you live? 

Mr. Lezotte. At River Rouge, 38^ Myrtle Street, which is in the second district. 

Mr. Miller. You have produced here four boxes? 

Mr. Lezotte. Yes, sir; these are the original boxes that were used in the State 
election in November, 1916. Ballots cast for Congressman in the second district are 
in these boxes. 

Mr. Miller. Have those boxes been in your possession since then — since the 
election? 

Mr. Lezotte. Yes, sir; they have. 

Mr. Miller. Have they ever been out of your possession? 

Mr. Lezotte. Not to my knowledge they have not. They have been kept in my 
office at 3229 Jefferson Avenue West. That is where the town board holds its meet- 
ings, and that is where my office is. 

Mr. Miller. Have you kept them under lock and key? 

Mr. Lezotte. Yes, sir; and my office is locked when I am not there. 

Mr. Miller. This box that is on the table here now — that is precinct No. 1 box of 
Ecorse? 

Mr. Lezotte. Yes, sir. 

Mr. Miller. I see there is no seal on that box. 

Mr. Lezotte. There was a seal on there until this morning, until we unloaded it 
out of the machine right downstairs here; it was torn off at that time. When we 
picked the boxes up this morning the seals were all on, but there was one of these cords 
that were on here that was unfastened, but this cord here was all right. 

Mr. Miller. When did the box in No. 1 precinct come into your possession? 

Mr. Lezotte. The day following the election. 

Mr. Miller. How did you get these boxes — going around and collecting them? 

Mr. Lezotte. Yes; I collected them myself. I had a machine to do that. 

Mr. Miller. In precinct No. 2, when did you get the box? 

Mr. Lezotte. It remained right in the office. It remained in my possession all 
the time. I was acting on the board in the second precinct. In the third precinct, I 
picked up the box the day following. I picked up all the boxes, with the exception 
of the second, which was at my office. Since that time, these boxes have not been out 
of my possession . 

Mr. Miller. You say that this morning when you started up here from Ecorse, the 
boxes were all sealed? 

Mr. Lezotte. Yes, sir. 

Mr. Miller. Did they have tape around the boxes? 

Mr. Lezotte. Yes, sir. 

Mr. Miller. In such a way that the cover could not be raised without removing 
the tape? 

Mr. Lezotte. Yes, sir. 



BEAKES VS. BACON. 201 

Mr. Miller. The tape was around the box, for instance, in the first precinct, in a 
similar way that it is on this third precinct box? 

Mr. Lezotte. More; it was around the box in the way that the tape is around on 
No. 2, both ways. They were on the box both ways so that the box could not be opened 
without removing the tape. 

Mr. Miller. About these keys, when did you get possession of the keys? 

Mr. Lezotte. Saturday night. I got them from Oliver San Souci. San Souci had 
kept possession of those keys from the time of the election down to the time I got them. 

Mr. Miller. Did you collect the keys from the chairmen of 1, 3, and 4 for the pur- 
pose of bringing the keys up here for this hearing? 

Mr. Lezotte. Yes, sir. 

Mr. Miller. Since the time that the subpoena was served on you, and you got the 
keys, have you opened any of those boxes? 

Mr. Lezotte. No, sir. 

Mr. Brown. You are positive that none of these boxes have been opened since they 
were sealed at election time? 

Mr. Lezotte. Yes, sir; I am. 

Mr. Brown. 1916? 

Mr. Lezotte. Yes, sir. 

Mr. Brown. Count of the ballots in ballot box for the first precinct, township 
of Ecorse, shows that Bacon received 346 votes, Beakes 276 votes, Titus 2 votes, Koch 
13 votes, no choice 19. Beakes Exhibit 1. The poll book shows 657 names. 

Ecorse Township, precinct No. 2. 

Mr. Brown. Count oi the ballots in ballot box for the second precinct, township of 
Ecorse, shows the following result: 

Mark R. Bacon received 388 

Samuel W. Beakes received 586 

Edward J. Koch received 29 

Frank E. Titus received - 12 

No choice 52 

Beakes exhibits 4 

Bacon exhibits 3 

Total • 1,074 

No poll book was found in the box nor in the county clerk's office. 

Ecorse Township, precinct No. 3. 

Mr. Brown. Count of the ballots in ballot box of the third precinct, township of 
Ecorse, Wayne County, Mich., shows the following result: 

Votes. 

Mark R. Bacon received 307 

Samuel W. Beakes received 210 

Edward J. Koch received 3 

Frank E. Titus received 1 

No choice 1.6 

Bacon exhibits - 2 

Beakes exhibits 2 

Total 541 

The poll book shows the names of 541 persons voted. 

Ecorse Township, precinct No. 4. ' 

Mr. Brown. Count of the ballots in ballot box of the fourth precinct, township of 

Ecorse, Wayne County, Mich., shows the following result: 

Votes. 

Mark R. Bacon received 131 

Samuel W. Beakes received 99 

Edward J. Koch received 3 

Frank E. Titus received 4 

No choice 16 

Total 253 

The poll book shows the names of 253 persons voted. 



202 BEAKES VS. BACON^ 

Mr. Miller. In connection with the third precinct, sixth ward, Jackson, and the 
first precinct of the, eighth ward, of Jackson,, on behalf of the returned M,eniber,. the 
followihg offer is made: It appears that in the .above-mentioned precincts t^ere are 
42 surplus ballots and 91 surplus ballots, respectively; it i? proposed ,, that all, .the 
ballots now in the box e^ be refolded, that tjhey then be intro,dufied into the bpxes 
through the slot in the top i,n the way in whicli the ballots are, placed in the bopi at 
the election, and in si^ch manner as to be thoroughly mixed in the larocess; th^tthen 
a sufficient number of ballots be withdrawiji from the respective , boxes in tfiose pre- 
cincts to reduce the number of ballots, ir^ tliose boxes to the number ()f vq^es cast at 
the election, as indicated by the poll books; that the ballots so removed shall be 
destroyed,, and that the ballots then remaining in the boxes shall thereupon be opened 
and counted. 

This offer is made as being in substantial accord with the provisions of the statute 
regajrding ,the coii:pting of ballots where a surplus number of ballots is found in the box 
after the closing oi the polls. ' ' • , - ,, •. . - 

If this offer is accepted, on behalf of the returned Member, I propose to return to 
Jackson at any convenient time and take the proceeding indicated above. . 

Mr. Brown. I am going to take some testimony as to those ballots, and you can 
makp the offer then again. You can put it into our depositions. , . 

Mr. Miller. You would have no objection to. my bringing the ballots up at that 
time, and producing the boxes as part of my cross-examination? ., 

Mr. Brown. I am going to bring the boxes and the ballots all in; I am going to call 
the election boards in and ask the election boards to separate the ballots. That can 
be done by the initials on the ballots. The ballots show that some ballots belonging 
to one precinct. got iijto another box; and, that all the ballots of both precincts when 
counted show the exact return, or substantially the exact return that the election 
inspectors made; and when the ballots are all considered together, and separated, it 
will be found there will be no substantial mistake from the return made by the election 
inspectors in those precincts. You can make that offer at the same time, if you want 
to. 

I hereby, on this 9th day of April, 1917, ascertain that Abel N. Lezotte, a witness 
called and who testified before me on said day in the contested-election case of Samuel 
W. Beakes, contestant, v. Mark R. Bacon, returned Member, is entitled to witness 
fees as follows: 

One day's attendance . ,• $0. 75 

15 miles necessary travel ■ 1. 00 

Total : 1.75 

And I certify the said amount to be correct. 

Bertrand D. Connolly, • 
Notary Public, Wayne County, Mich. 

At this point, at the hour of 5.20 p. m., the proceedings were adjourned by direction 

of , the notary public, and by agreement of the attorneys for the respective parties, 

until 9.30 a. m., Tuesday, April 10, 1917. , , . 

I certify that the foregoing is a true and correct transcript of all proceedings had 

before me in the afternoon of Monday, April 9, 1917. 

Bertrand D.Connolly, ., 
Notary Public, Wayne County, Mich. 

And on the 10th day of April, 1917, at 9.30 a. m., at the same place, the proceedings 
were continued as follows: 

Sumpter Township, Wayne County, Mich. 

PETER GOTTS, being called as a witness on behalf of the returned Member, was 
examined and testified as follows: 

Mr. Miller. Have you got the keys to the Sumpter Township box? 

Mr. GoTTS. I have. I got them from the chairman at the last election we had. 
His name is Leonard Cr and ell. 

Mr. Miller. Have you had the keys from the time of the election down to the 
present time? 

Mr. GoTTS. Yes, from this spring election. 

Mr. Miller. Who has had possession of this ballot box for this townsliip since the 
November election? 

Mr. GoTTS. I believe it has been in the hands of the clerk; not in my hands. At 
the present time I am supervisor of Sumpter Townsliip. I was elected at this last 



BEAKES VS. BACON. 203 

spring election. At the time of the November election I was not in office; but since 
the spring election I have held the office of supervisor. Leonard Crandell turned these 
keys over to me last Sunday, for the purpose of bringing tl^em here. Personally, I 
couldn't say who has had possession of the keys from the time of the November elec- 
tion down to the time I got them, except from the custom. It has always been the 
custom that the supervisor held the keys. As far as I. know, Mr- Arthur Nortlu'up 
has had possession of the ballot box from the time of the November election down to 
the present time. Mr. Northrup was clerk at that time, and is now clerk. 

ARTHUR NORTHRUP, being called as a witness on behalf of the returned 
Member, was examined and testified as follows: 

Mr. Miller. You are clerk of Sumpter Township? ; 

Mr. Northrup. I am; and I held that office in November last, at the time of the 
November election. After the election the ballots were put into the box and the box 
\yas turned over to me; and has been in my possession ever since. The box is in the 
same condition now as when it was turned over to me, as to locking and sealing. It 
has not been opened since; and has been continuously in my possession ever since. 
It was not used at the primary or the April election. 

Mr. Miller. A recount of the ballots in the ballot box of Sumpter Township, Wayne 
County, Mich., shows the following result: 

Votes. 

Mark R. Bacon received 73 

Samuel W. Beakes received 125 

Edward J. Koch received 1 

Frank E. Titus received 1 

No choice 2 

Beakes exhibit , 1 

Total :........ 203 

The poll book shows the names of 203 persons voted. 

I hereby, on this, 10th day of .April, 1917, ascertain that Peter Gotts, a witness called 
and who testified before me on said day in the contested-election qase- of Samuel W. 
Beakes,,. contestant, v. Mark R. Bacon, returned Member, is entitled to witness fees 
as follows: 

1 day's attendance $0. 75 

34 miles necessary travel 1. 70 

Total 2. 45 

And I certify the said amount to be correct. 

Bertrand B. Connolly, , 
Notary Public, Wayne County, Mich. 

I hereby, on this 10th day, of April, 1917, ascertain that. Aj-thur Northrup, a witness 
called and who testified before me on said day in the contested election pase of Sa,muel 
W. Beakes, contestant, v. Mark R. Bacon, returned Member, is entitled to witness 
fees as follows: 

1 day's attendance |0. 75 

34 miles necessary travel 1. 70 

Total 2. 45 

And I certify the said amount to be correct. 

Bertrand D. Connoi^ly, 
Notary Public, Wayne County, Mich. 

Huron Toiunship, Wayne County, Mich. 

GEORGE WOLF, being called as a witness on behalf of the returned Member, was 
examined and testified as follows : 

Mr. Miller. At the time of the November, 1916, election, you were township clerk 
of Huron Township? 

Mr. Wolf. Yes, sir. 

Mr. Miller. At the close of the election, was this ballot box which you produce 
here sealed as it is now? , 

Mr. Wolf. Just as it is now. I got the ballot box after the election; and it has been 
in my possession ever since; sealed and locked in the same condition as it now is 



204 / BEAKES VS. BACON. 

The box has not been opened since then. I was served with a restraining order from 
the United States court restraining me from opening the box or destroying the ballots. 
I have not got the keys; the supervisor is supposed to have them. 
Mr. Miller. That is all. 

FRED J. BURNHAM, being called as a witness on behalf of the returned Member, 
was examined and testified as follows: 

Mr. Miller. You were the supervisor of Huron Township at the time of the con- 
gressional election, November, 1916? 

Mr. BuRNHAM. Yes, sir. At the close of, that election I got the keys to the ballot 
box, and I have had the keys ever since, and deliver them to you now. 

Mr. Miller. A recount of the ballots in the ballot box of Huron Township, Wayne 
County, Mich., shows the following result: 

Votes. 

Mark R. Bacon received - 190 

Samuel W. Beakes received 115 

Edward J. Koch 1 

Frank E. Titus received 7 

No choice 10 

Beakes exhibit 1 

Total 324 

The poll book shows the names of 324 persons voted. 

I hereby, on this 10th day of April, 1917, ascertain that George Wolf, a witness 
called and who testified before me on said day, in the contested-election case of Samuel 
W. Beakes, contestant, v. Mark R. Bacon, returned Member, is entitled to witness 
fees as follows: 

1 day's attendance |0. 75 

25 miles necessary travel 1.25 

Total 2. 00 

And I certify the said amount to be correct. 

Bertrand D. Connolly, 

Notary Public, Wayne County, Mich. 

I hereby, on this 10th day of April, 1917, ascertained that Fred J. Burnham, a witness 
called and who testified before me on said day, in the contested-election case of Samuel 
W. Beakes, contestant, v. Mark R. Bacon, returned Mem'^er, is entitled to witness 
fees as follows: 

One day's attendance |0. 75 

Twenty-five miles necessary travel 1. 25 

Total 2. 00 

And I certify the said amount to be correct. 

Bertrand D. Connolly, 
Notary Public, Wayne County, Mich. 

Taylor Township, Wayne County, Mich. 

THOMAS BONDIE, leihg called as a witness on behalf of the returned Mem" er, 
was examined and testified as follows : 

Mr. Miller. Were you supervisor of Taylor Township at the time of the November, 
1916, election? 

Mr. Bondie. Yes. And I still hold that office. 

•Mr. Miller. After the election who got the ballot box containing the State and 
county 1 allots? 

Mr. Bondie. I did; and it has been in my care there. I have the keys, and I have 
had the keys and the iiox ))oth since the time of the election. The justice of the peace 
has the seal. I have at no time had the seal. The lox now is in the same condition 
as it was when it was sealed up after the ballots had 1 een counted. It has never 1 een 
opened. That is the lox there. The justice of the peace and I did the sealing at 
election time; the night of the election. 

Mr. Brown. There would be no difficulty in removing that string and opening the 
box without 1 reaking the seal, would there? 

Mr. Bondie. It wouldn't 1 e very handy. You could untie that string there all 
right; but I have had the box ever since it was sealed up last fall. The string could 1 e 



BEAKES VS. BACON. 205 

untied and the l;ox opened without 1 reaking the seal; 1 ut I am certain this has not 
leen done, because the keys and the box have been in my possession since. 

Mr. Brown. A recount of the ' allots in the ballot I ox of Taylor Township, Wayne 
County, Mich., shows the following results: 

Mark R. Bacon received 165 

Samuel W. Beakes received 54 

Frank E. Titus 1 

No choice 11 

Total 231 

The poll L ook shows the names of 23 1 persons voted . 

I here^y, on this 10th day of April, 1917, ascertain that Thomas Bondie, a witness 
called and who testified before me on said day, in the contested-election case of Samuel 
W. Beakes, contestant, v. Mark R. Bacon, returned Member, is entitled to witness 
fees as follows: 

One day's attendance 10. 75 

Thirty miles necessary travel 1. 50 

Total 2. 25 

And I certify the said amount to be correct. 

Bkrtrand D. Connolly, 
Notary Public, Wayne County, Mich. 

Van Buren Township, Wayne County, Mich. 

FRED F. FEHLIG, lieing called as a witness on behalf of the returned Member, 
was examined and testified as follows: 

Mr. Miller. You are the clerk of Van Buren Township? 

Mr. Fehlig. Yes, sir. 

Mr. Miller. Have you had the box, this ballot ] ox since last election? 

Mr. Fehlig. Yes, sir; I have had it all the time. 

Mr. Miller. Was it sealed up I y you, or in your presence at election time? _ . 

Mr. Fehlig. Yes. I have had it in my office in the town hall since that time, 
locked up. I have also had the keys of the town hall. I have had the keys to the 1 ox 
and the i ox. I have also had the seal. This box has not I een opened since election 
day. 

Mr. Brown. From the appearance of the seal on the box, the box could not be opened 
without ■ reaking the seal, and the seal shows that it has not Leen 1 roken. 

Mr. Fehlig. That is right. 

Mr. Brown. A recount of the ballots in the ballot box of Van Buren Township, 
Wayne County, Mich., shows the following result: 

Mark R. Bacon received 224 

Samuel W. Beakes received 180 

Edward J . Koch received 1 

Frank E. Titus received 9 

No choice 16 

Total - 430 

The poll books shows the names of 430 persons voted. 

I hereby, on this 10th day of April, 1917, ascertain that Fred F. Fehlig, a witness 
called and who testified 1 efore me on said day, in the contested-election case of 
Samuel W. Beakes, contestant, v. Mark R. Bacon, returned member, is entitled to 
witness fees as follows: 

1 day's attendance $0. 75 

25 miles necessary travel •. 1-25 

Total : 2.00 

And I certify the said amount to be correct. 

Bertrand D. Connolly, 
Notary Public, Wayne County, Mich. 

Monguagon Township, Wayne County, Mich. 

LEONARD FRE6ES, being called as a witness on behalf of the returned Member, 
was examined and testified as follows: 

Mr. Miller. What office do you hold in Monguagon Township, Mr. Frebes? 



206 BEAKES VS. BACON. 

Mr. Frebes. Clerk. I was the township clerk in November, 1916, at the time of 
the last election. After the election Was over the ballots were returned to the box, 
the box sealed and delivered to me. I have kept possession of that box ever since. 
It is now in the same condition as to locking and seal that it was when I got it. It has 
not been opened. I have the keys and the seal now here. 

Mr. Brown. A recount of the ballots in the ballot box of Monguagon Township, 
Wayne County, Mich., shows the following result: 

Votes. 

Mark R. Bacon received 303 

Samuel W. Beakes received 190 

Edward J. Koch received 1 

Frank E. Titus received 3 

No choice. 14 

jBacon exhibit 1 

Challenged votes ; 2 

Total : 514 

The poll book shows 514 names and 2 challenged votes. 

I hereby, on this 10th day of April, 1917, ascertain that Leonard Frebes, a witness 
called and who testified before me on said day, in the contested-election case of Sam- 
uel W. Beakes, contestant, v. Mark R. Bacon, returned Member, is entitled to wit- 
ness fees as follows: ;.. • ,1... 

] day's attendance |0. 75 

20 miles necessary travel 1. 00 

Total 1. 75 

And I certify the said amount to be correct. 

Bertrand D. Connolly, 
Notary Public, Wayne County; Mich. 

Plymouth Township, Wayne County, Mich. 

WILLIAM J. RATTENBURY, being called as a witness on behalf of the returned 
Member, was examined and testified as follows: ■ 

Mr. Miller. What position do you hold in Plymouth Township? 

Mr. RattenbuRy. Supervisor: I was supervisor in November, 1916, at the time 
of the congressional election. After the election and the counting of the ballots the 
box was turned over to the clerk. I have the keys, and have had possession of them 
ever since that time. "I now deliver them tO' Mr. Connolly, the notary: 

Mr. Brown. Was the box sealed up in your presence? 

Mr. RattenbItry. It Was. '' ' 

Mr. Brown. As it is now sealed? 

Mr. Rattenbury. Yes, sir. It is sealed so that it could not be opened without 
breaking the seal. 

RALPH G. SAMSEN, being called as a witness on behalf of the returned Member, 
was examined and testified as follows: 

Mr. Miller. You are clerk^of Plymouth Township? 

Mr. Samsen. Yes, sir; and was last fall, at the November, 1916, election. I have 
had the possession of this box since then. It is in the same condition how as it was 
when I got it. It has never beeii opened . ' 

Mr. Brown. A recoitnt of the ballots in the ballot box of Plymouth Township, 
Wayne County, Mich., shows the following result: 

■■.:'■ .,.■■■;■, Votes. 

Mark R. Bacon received - - 398 

Samuel W. Beakes received 260 

Edward J. Koch received. , 41 

Frank E. Titus received. .,19 

No choice >28 

Beakes exhibit 1 

Total 747 

No poll book was found. 

T hereby, on this 10th day of April, 1917, ascertain that William J. Rattenbury, a ': 
witness called and who testified before me on said day, in the contested-election case / 
of Samuel' W. Beakes, contestant, i). Mark R. Bacon, returned Member, is entitled to ^ 
witness fees as follows: ' | 



BEAKES VS. BACOlSr, 207 

1 day's attendance '- $0. 75 

35 miles necessary travel 1.75 

Total 2. 50 

And I certify the said amount to be correct. 

■ " '■' Bertrand D.Connolly, 

Notary Public, Wayne Coimty, Mich. 

I hereby, on tjiis 10th day of April, 1917, ascertain that Ralph G. Samsen, a witness 
called and who testified before me on said day, in the contested-election case of 
Samuel W. Beakes, contestant, r. Mark R. Bacon, returned Member, is entitled to 
witness fees as follows: 

1 day's attendance SO. 75 

35 miles necessary travel 1. 75 

Total 2. 50 

And I certify the said amount to be correct. 

Bertrand D. Connolly, 
Notary Public, Wayne County,' Mich. 

We agree that the foregoing depositions, consisting of 29 typewritten pages, is a true 
transcript of the proceedings taken' before Bertrand D. Connolly, a notary public in 
and for the county of WajTie, Mich., on April 9 and 10, 1917, on behalf of the returned 
member,' pursuant to the notice and proof of service prefixed to said' depositions; and 
that the exhibits attached to said depositions are the original exhibits, and are marked 
on the' front thereof as such exhibits, and signed l)y Bertrand D. Connolly, notary 
public. 

Dated at Detroit. Mich., April 10, 1917. 

Arthur Brown, 
Attorney for Contestant. 
Guy a. Miller. 
Attorney for Returned Member . 
United States of America, 

State of Michigan, County of Wayne, ss: 

I, Bertrand D. Connolly, a notary public in and for the county of Wayne, State of 
Michigan, duly commissioned and qualified and authorized to administer oaths, and 
to take and certify depositions, do hereby certify that pursuant to the prefixed notices, 
subpoenas and proofs of service, and stipulations and agreement of counsel in the 
contested-election case of Samuel W. Baakes, contestant, v. Mark R. Bacon, returned 
member, pending in the United States House of Representatives, that I was attended 
at 408 Wayne County Building, in the city of Detroit, in said county of Wayne, and 
State of Michigan, on Monday, April 9, 1917, and Tuesday, April 10, 1917, by Arthur 
Brown, Esq., of counsel for said contestant, and by Guy A. Miller, Esq., of counsel 
for said returned Member. ' That the aforesaid and aforenamed witnesses, Jackson B. 
Clark; J. Frederick Burdeno; Clifford E. McClumpha; Lyman Stiles; Floyd Bryant; 
Robert Johnson; Abel N. Lezotte; Peter Gotts; Arthur Northrup; George Wolf; Fred 
J. Burnham; Thomas Bondie; Fred F. Fehlig; Leonard Frebes; William J. Rattenbury; 
Ralph G. Samsen, who are of sound mind and lawful age, were by me first duly 
cautioned and sworn to testify the truth, tlie whole truth, and nothing but the truth, 
and were carefully examined, and that they thereupon testified as is above shown. 
That their said depositions were taken down stenographically by myself in thepresence 
of the witnesses, and were then reduced to typewriting by myself. That by stipula- 
tion of counsel the signatures of the said witnesses to said depositions were waived, 
and that the foregoing typewritten transcript is a true and correct transcript of the 
testimony given by said witnesses in said examination. ' 

I further certify that I am neither of counsel nor attorney to either of the parties 
to said case, nor interested in the event of the same; and that it beihg impracticable 
for me to deliver said depositions in my own hand into the hands of the Clerk of the 
House of Representatives of the United States, I have retained the same for the 
purpose of being sealed up and directed with my own hand, and speedily and safely 
directed and transmitted to the said Clerk until there opened. 

Witness my hand and seal as such notary public, Detroit, Wayne County, State 
of Michigan, on this 14th day of April, A. D. 1917. 

[seal.] Bertrand D. Connolly, 

Notary Public, Wayne County, Mich. 

My commission expires November 7, 1920. 



208 BEAKES VS. BACON. 

SUBPCENAS. 

To Fred J. Burnham, George Wolf, James Bailey, Leonard Frebes, William T. 
Rattenbury, Ralph G. Samsen, Decatur Gotts, Arthur H. Northrup, Thomas Bondie, 
Robert Baelter, Charles F. Voorheis, Fred F. Fehlig: We command and strictly enjoin 
upon you that, laying aside all manner of business and excuses whatsoever, you be 
and appear before me, the undersigned, a notary public in and for the county of 
Wayne, Mich., at room 405, County Building, city of Detroit in said county, Michigan, 
at 9 o'clock a. m., eastern standard time, on Tuesday the 10th day of April, 1917, to 
testify and give evidence in the above-entitled cause now pending, on the part of 
the above-named Mark R. Bacon. 

And that you bring with you at said time and place the ballot boxes and the keys 
thereof, containing the ballots cast at the election held November 7, 1916, for the 
office of Congressman from the second district of Michigan. 

And for failure so to do you will be deemed guilty of a misdemeanor and liable to 
an indictment and punishment therefor, as provided by the laws of the United States. 

Witness my hand and seal at the city of Detroit, in the county of Wayne, Mich., 
this 3d day of April, 1917. 

[seal.] Bertrand D. Connolly, 

Notary Public, Wayne County, Mich. 

To Lyman Stiles, Floyd Bryant, Lewis E. Truesdell, Clifford C. McClumpha, 
Frank X. Lafferty, Abel N. Lezotte, H. Leonard Wilton, J. Frederick Burdeno: We 
command and strictly enjoin upon you that, laying aside all manner of business and 
excuses whatsoever, you be and appear before me, the undersigned, a notary public 
in and for the county of Wayne, Mich., at Room 405, County Building, City of 
Detroit, in said county, Michigan, at 9 o'clock a. m., eastern standard time, on 
Monday the 9th day of April, 1917, to testify and give evidence in the above- 
entitled cause now pending, on the part of the above-named Mal-k R. Bacon. 

And that you bring with you at same time and place the ballot boxes and the kej^s 
thereof, containing the ballots cast at the election held November 7, 1916, for the 
office of Congressman from the second district of Michigan. 

And for failure so to do you will be deemed guilty of a misdemeanor and liable to an 
indictment and punishment therefor, as provided by the laws of the LTnited States. 

Witness my hand and seal at the city of Detroit, in the county of Wayne, Mich., 
this 3d day of April, 1917. 

[seal.] Bertrand D. Connolly, 

Notary Public, Wayne County, Mich. 
State op Michigan, 
County of Wayne, ss: 

I do herel?y certify and return that on the 4th day of April, A. D. 1917, at the county 
of Wayne, State of Michigan, I served the attached subpoena personally on Frank 
X. Lafferty and Abel N. Lezotte, and that on the 5th day of April, A. D. 1917, at the 
county of Wayne, State of Michigan, I served the attached subpoena personally on 
Decatur Gotts, Arthur H. Northrup, Fred J. Burnham, James Bailey, Leonard Frebes, 
J. Frederick Burdeno, H. Leonard Wilton, Fred F. Fehlig, George Wolf, Robert 
Baelter, Lyman Stiles, Thomas Bondie, Floyd Bryant, Chrles F. Voorheis, Lewis E. 
Truesdell, Clifford C. McClumpha, William T. Rattenbury and Ralph G. Samsen, the 
witnesses named in said subpoena, by then and there, at the place and on the dates 
above mentioned, showing to each of the said witnesses the said subpoena and deliver- 
ing to said witnesses, respectively, a true copy of the said subpoena and paying to each 
of the said witnesses the foUoAsdng sums of money, to wit. 

Frank X. Lafferty.. $L 20 George Wolf 12.05 

AbelN. Lezotte L 05 

Decatur Gotts 1. 95 

Arthur H. Northrup 1. 95 

Fred J. Burnham 1. 70 

James Bailey 1-55 

Leonard Frebes 1. 55 

J. Frederick Burdeno 1. 70 

H. Leonard Wilton 1. 70 

FredF. Fehlig 1.95 

Dated, April 9, 1917. 
Fees, $6.05 paid. 



Robert Baelter 1. 55 

Lyman Stiles 1-90 

Thomas Bondie 1. 55 

Charles F. Voorheis 1-95 

Lewis E. Truesdell 1-65 

Clifford C. McClumpha 1-75 

William T . Rattenbury 2. 00 

Ralph G. Samsen 2.00 

Floyd Bryant 1-85 



Edward F. Stein, 
Sheriff of Wayne County, Mich. 
By Fred. A. Sommerfield, 
Deputy Sheriff of said County. 



BEAKES VS. BACON. . 209 

At a session of said court held the 26th day of February, A. D. 1917. 

Present: The Hon. Arthur J. Tuttle, judge of said court. 

On reading and filing the petition of Mark R. Bacon, respecting the preservation 
of evidence in the above-entitled matter; said Mark R. Bacon being represented by 
Guy A. Miller, his attorney and agent; notice of hearing of said petition having been 
duly served upon Arthur Brown, as attorney and agent for said Samuel W. Beakes 
and said Samuel W. Beakes being represented by said Arthur Brown as said attorney; 

On motion of Guy A. Miller, it is hereby ordered as follows: : 

(1) That it appears to the court that it is necessary to preserve the rights of the parties 
to said above-entitled contest that the ballots cast at said election shall be preserved, 
and that the boxes in which the said ballots were deposited, after the same were 
counted at the election of November 7, 1916, should be preserved, unopened, with 
seals intact, and in the same condition in which the said boxes were placed by the 
several boards of election inspectors at the close of said election. It further appears 
that said ballots are the original evidence of the intention of the voters in said district 
with reference to the election of a Congressman therefrom, and that unless the several 
officers having the custody of the ballot boxes containing the said ballots are restrained 
hj the order of this court, that there is danger that said ballots will be removed from 
said boxes and destroyed. It further appears that the parties to said contest have 
no means of preserving said ballots during the time within which testimony may be 
taken in said contest, except through the intervention of this court. 

(2) It is therefore ordered, to the end that said ballots may be preserved as the 
original evidence of the intention of the voters in said district, that each township 
clerk of each township in the counties of Jackson, Lenawee, Monroe, and Washtenaw, 
and each township clerk of the townships in the county of Wayne lying within the 
second congressional district, the said last-named townships being as follows, to wit: 
The townships of Monguagon, Plymouth, Romulus, Sumpter, Taylor, Van Buren, 
Brownstown, Canton, Ecorse, Grosse Isle, and Huron; and the city clerk of each city 
lying within each of said counties and that part of Wayhe County within said con- 
gressional district; be enjoined and restrained by the order of this court from opening 
the ballot boxes in their respective townships and cities containing the ballots c*ast 
at the election of November 7, 1916, for the office of Congressman in the second con- 
gressional district; from interfering in any manner with the seals or locks of said ballot 
boxes, from removing therefrom said ballots, or from destroying said ballots. 

(3) It is further ordered that said officers, and each of them, maintain and keep the 
said ballots, in possession of each of them intact and undisturbed until, to wit, the 7th 
day of May, 1917, or until the further order of this court duly entered prior to said 
date, or until they are required to produce the said ballots by subpoena duly issued 
under the authority of the House of Representatives in the above-entitled contest. 

(4) It is further ordered that this restraining order may be served by any person 
authorized to serve restraining orders under the rules and practice of this court or of 
the circuit courts for the State of Michigan. 

Arthur J. Tuttle, District Judge. 
United States of America, 

Eastern District of Michigan, ss: 
I, Elmer W. Voorheis, clerk of the district court of the United States for the eastern 
district of Michigan, do hereby certify that the above and foregoing is a true copy of 
restraining order in the therein-entitled cause as the same appears on file and of record 
in my office; that I have compared the same with the original, and it is a true and 
correct transcript therefrom and of the whole thereof. 

In testimony whereof I have hereunto set my hand and affixed the seal of said 
court, at Detroit, in said district, this 26th day of February, in the year of our Lord 
one thousand nine hundred and seventeen, and of the Independence of the United 
States of America the one hundred and forty-first. 
[seal.] Elmer W. Voorheis, Clerk. 

96694—17 14 



210 BEAKES VS. BACON. 

sheriff's return. 
State of Michigan, 
County of Wayne, ss; 
I do hereby certify and return that, on the 28th day of Februarjr, A. D. 1917, at 
the county of Wayne, State of Michigan, I personally served the within restraining 
order upon — 

Floyd Bryant, clerk of the township of Brownstown; Clifford McClumpha, clerk of 
the township of Canton; Abel N. Lezotte, clerk of the township of Ecorse; J. Fred'k 
Burdeno, clerk of the township of Grosse Isle; George Wolf, clerk of the township 
of Huron; Leonard Frebes, clerk of the township of Monguagon; Ralph G. Samsen, 
clerk of the township of Plymouth; Lambert W. Baisley, clerk of the township of 
Romulus; Arthur H. Northrup, clerk of the township of Sumpter; Robert Baelter, 
clerk of the township of Taylor; Fred F. Fehlig, clerk of the township of Van Buren; 
Charles H. Block, clerk of the city of Wyandotte. 

the respondents therein named," by delivering to and leaving with each of the above- 
named respondents, a true copy of the said restraining order. 

Edward F. Stein, 
Sheriff of Wayne County, Mich. 
By Fred. A. Sommerfield, 
Deputy Sheriff of said County. 
Dated, March 15, 1917. 

Contestant's Exhibit No. 1, Official Ballot, Plymouth Township — Bertrand 
D. Connolly, Notary Public. 

[Omitted in printing.] 

Returned Member's Exhibit No. 1, Official Ballot, Monguagon Township — 
Bertrand D. Connolly, Notary Public. 

[Omitted in printing.] 

Contestant's Exhibit No 1, Official Ballot, Huron Township — Bertrand 
D. Connolly, Notary Public. 

[Omitted in printing.] 

Contestant's Exhibit No. 1, Official Ballot, Sumpter Township— Bertrand 
D. Connolly, Notary Public. 
[Omitted in printing.] 

Contestant's Exhibits Nos. 1 and 2, Official Ballots, Third Precinct, Ecorse 
Township— Bertrand D. Connolly, Notary Public. 



[Omitted in printing. 

Returned Member's ] 
Ecorse Tov 

[Omitted in printing.] 

ontestant's Exhibits 
Ecorse Tow> 

[Omitted in printing.] 

,eturned Member's I 
ciNCT, Ecorse T( 

[Omitted in printing.] 

ontestant's Exhibit 

SHIP — 

[Omitted in printing.] 



Returned Member's Exhibits Nos. 1 and 2, Official Ballots, Third Precinct, 
Ecorse Township— Bertran D. Connolly, Notary Public. 



Contestant's Exhibits Nos. 1, 2, 3, and 4, Official Ballots, Second Precinct, 
Ecorse Township— Bertrand D. Connolly, Notary Public. 



Returned Member's Exhibits Nos. 1, 2, and 3, Official Ballots, Second Pre- 
cinct, Ecorse Township— Bertrand D. Connolly, Notary Public. 



Contestant's Exhibit No. 1, Official Ballot, First Precinct, Ecorse Town- 
ship— Bertrand D. Connolly, Notary Public. 



BEAKES VS. BACON. 211 

Returned Member's Exhibit No. 1, Official Ballot, Brownstown Town- 
ship— Bertrand D. Connolly, Notary Public. 

[Omitted in printing.] 

Contestant's Exhibit No. 1, Official Ballot, Browster — -Bertrand D. Con- 
nolly, Notary Public. 
[Omitted in printing.] 

Returned Member's Exhibit No. 1, Official Ballot, Grosse Ile Township — • 
Bertrand D. Connolly, Notary Public. 

[Omitted in printing.] 

DEPOSITIONS on BEHALF OF CONTESTEE. 

Present: Glenn L. Williams, notary public. 

Proceedings had before me, Glenn L. Williams, a notary public in and for Lenawee 
County, State of Michigan, all of which county is in the second congressional district 
of Michigan, sitting for the purpose of taking testimony in the above-entitled contested 
election case. 

On April 25, 1917, at 10 o'clock a. m., at the court house, in the city of Adrian, in 
said county, I attended pursuant to the notice to take depositions and to the sub- 
poena prefixed hereto. 

Appearances: Arthur Brown, Esq., attorney for contestant; Guy A. Miller, Esq., 
and B. D. Chandler, Esq., attorneys for returned Member. 

Hudson city, Lenawee County. 

FRED P. GEORGE, being called as a witness on behalf of the returned Member, 
was examined and testified as follows: 

That he is the city clerk of the city of Hudson, Mich. That the ballots cast at the 
November 7, 1916, election in the first precinct of said city of Hudson were by voting 
machine. That all of the ballots cast at said election in the second precinct of said 
city were by voting machine, with the exception of three ballots which were sent by 
mail. That the ballots used at said election in the third precinct of said city of Hudson 
are in the box he produces here. That the box, after the election, was sealed up and 
delivered to him. That he received it as soon as it was sealed. That he knows abso- 
lutely that the box has not been opened by anybody since it was sealed and delivered 
to him. That it has been in the council room in the city of Hudson since it was sealed 
and delivered to him. That the box is in the same condition at this time as it was 
when delivered to him. 

Mr. Brown. I will offer contestant's Exhibit 1, being ballot with cross in Re- 
publican circle and a cross in square before the name of S. W. Beakes, and uninitialed. 
This ballot found among the other ballots in the box. 

Mr. Miller. In the third precinct of the city of Hudson, it is conceded that the 
ballots now in the box on recount show as follows: 

Mark R. Bacon received 106 

Samuel W. Beakes received 115 

Exhibits for contestant 3 

Frank E. Titus 5 

Edward J. Koch 16 

No choice 10 

The poll book and tally sheet shows 257 persons voting, only 255 ballots found. 

Palmyra township, Lenawee County. 

JOSEPH A. WYATT, being called as a witness on behalf of the returned Member, 
was examined and testified as follows: 

That he is the township clerk of Palmyra township, county of Lenawee and State 
of Michigan. That the ballots used at the November 7, 1916, election are in the box 
he produces here. That the box, after the election, was sealed up, and that he saw it 
sealed. That he received the box as soon as it was sealed. That he knows absolutely 
that the box has not been opened by anybody since it was sealed and delivered to 
him, and that it is in the same condition now as when received by him. That it has 



212 beakeS vs. bacon. 

been kept in a booth, which was locked, since that time. That the booth in which 
the box has been kept was in the Town Hall in said township. 

Mr. Miller. In the township of Palmyra, it is agreed that the ballots now in the 
box on recount show as follows: 

Mark R. Bacon '. 159 

Samuel W. Beakes 194 

Frank E. Titus 2 

Edward J. Koch 2 

No choice i. 11 

Contestant's exhibits 1 

Returned Member's exhibits 1 

Total • 370 

The poll book shows 370 votes cast. 

Medina toivnship, Lenawee County. 

V. B. COLGROVE, being called as a witness on behalf of the returned Member, 
was examined and testified as follows: 

That he is the township clerk of Medina Township, county of Lenawee and State 
of Michigan. That the ballots used at the November 7, 1916, election are in the box 
he produces here. That the box, after the election was sealed in his presence, and 
delivered to him as soon as it was sealed. That he knows absolutely that the box 
has not been opened by anybody since it was sealed and delivered to him, and that 
it has been at his home since that time. 

Mr. Miller. It is agreed that in the township of Medina the ballots now in the box 
on recount show as follows : 

Votes. 

Mark R. Bacon received : 180 

Samuel W. Beakes received 149 

Frank E. Titus received 2 

Edward J . Koch received 

No choice 8 

Contenstant's exhibits 1 

Returned Member's exhibits 1 

Total 341 

Macon Township, Lenawee County. 

WILLIAM ALLEN, being called as a witness on behalf of the returned Member, 
was examined and testified as follows : 

That he is the township clerk of Macon Township, county of Lenawee and State 
of Michigan. That the ballots used at the November 7, 1916, election are in the box 
he produces here. That the box, after the election, was sealed in his presence and 
delivered to him immediately thereafter. That he knows absolutely that the box 
has not been opened by anybody since it was sealed and delivered to him, and that 
the box has been in the town hall of said township since received by him. That 
the box is in the same condition now as at the time he received it. 

Mr. Miller. In the township of Macon it is agreed that the ballots now in the 
box on recount show as follows : 

Votes. 

Mark R. Bacon received 181 

Samuel W. Beakes received 90 

Frank E. Titus received •. 1 

Edward J. Koch received 1 

No choice 8 

Total 281 

Tecumseh Township, Lenawee County. 

HUGH HANNA, Jr., being called as a witness in behalf of the returned Member, 
was examined and testified as follows: 

The he is the township clerk of Tecumseh Township, county of Lenawee and State 
of Michigan. That the ballots used at the November 7, 1916, election are in the 
boxes for the first and second precincts of said township, which he produces here. 
That each box, after the election, was sealed up and delivered to him innTnediately 



BEAKES VS. BACON. 213 

thereafter. That he knows absolutely that neither box has been opened by anybody 
since it was sealed and delivered to him. That they have been kept locked up in 
the village council room in the village of Tecumseh since they were delivered to him. 

Contestant's Exhibit 1, in the first precinct of Tecumseh Township, was an un- 
initialed ballot found in the box with the balance of the ballots of that precinct. 

Mr. Miller. It is agreed that in the first precinct of the township of Tecumseh 
the ballots now in the box on recount show as follows: 

Votes. 

Mark R. Bacon received 161 

Samuel W. Beakes received ] 48 

Frank E . Titus received 4 

Edward J. Koch received 1 

No choice 11 

Contestant's exhibits 1 

Total 326 

Mr. Brown. Contestant's Exhibit 1 of the second precinct of Tecumseh Township 
is an uninitialed ballot found in the ballot box of that precinct with the balance of 
the ballots. 

Mr. Miller. Returned Member's Exhibit 1 of the second precinct of Tecumseh 
Township bears a distinguishing mark, and Exhibits 2 and 3 of the same precinct are 
uninitialed ballots found in the ballot box of that precinct with the balance of the 
ballots. 

Mr. Browx. It is agreed that in the second precinct of the township of Tecumseh 
the ballots now in the box on recount show as follows : 

Votes. 

Mark R . Bacon received 255 

Samuel W. Beakes received 179 

Frank E. Titus received 7 

Edward J. Koch received 1 

No choice ^ 

Returned Member's exhibits 3 

Contestant's exhibits 1 

Total 452 

Fairfield Township, Lenatvee County. 

EDSON C. BREESE, being called as a witness on behalf oi the returned Member, 
was examined and testified as follows: 

That he is the township clerk of Fairfield Township, county of Lenawee and State 
of Michigan. That the ballots used at the November 7, 1916, election are the ballots 
contained in the boxes for the first and second precincts in said township, which he 
produces here. That the box for the first precinct of said township was delivered to 
him on or about the 20th day of March, 1917, at which time the box was not sealed 
and the locks were not sealed in any way, and the cover of the box was in such a con- 
dition that a person could force his hand into the box and to the bottom thereof with- 
out disturbing the locks, and that the box and locks are in the same condition at this 
time as when delivered to him. 

That the box for the second precinct of said township was delivered to him imme- 
diately after the election, and has been in his possession since that time. That it is 
properly sealed and in the same condition now as at the time it was delivered to him. 
That the boxes for both precincts have been kept in the office of the township in the 
callage of Weston since he received them. That he knows absolutely that neither 
box has been opened by anybody since they were delivered to him. 

Mr. Miller. The ballots for the first precinct of the township of Fairfield are not 
offered for recount by the contested member for the reason that the ballots have not 
been preserved in accordance with the election laws of the State of Michigan. In 
the second precinct of the township of Fairfield it is agreed that the ballots now in 
the box on recount show as follows: 

Votes. 

Mark R . Bacon received 91 

Samuel W. Beakes received 114 

Frank E. Titus received 2 

Edward J. Koch received 3 

No choice 6 

Total 216 



214 BEAKES VS. BACON. 

Clinton Toivnship, Lenawee County. 

FRANK O. FABBIQUE, being called as a witness on behalf of the returned Mem- 
ber, was examined, and testified as follows: 

That he is the township clerk of Clinton Township, county of Lenawee, and State 
of Michigan. That the ballots used at the November 7, 1916, election are in the box 
he produces here. That the box, after the election, was delivered to him properly- 
sealed immediately after it was sealed, and that it is in the same condition at this 
time as when delivered to him. That he knows absolutely that the box has not been 
opened by anybody since it was sealed and delivered to him. That the box has been 
kept in the town hall in the village of Clinton, in said township, all the time since 
said election. 

Mr. Brown. No poll books was found in the ballot box for Clinton Township. 

Mr. Miller. In the township of Clinton it is agreed that the ballots now in the 
box on recount show as follows: 

Mark R. Bacon received 222 

Samuel W. Beakes received 166 

Frank E. Titus received 8 

Edward J. Koch received 2 

No choice 6 

Ej,eturned member's exhibits 2 

Total 406 

Dover Township, Lenawee County. 

ROY FISCHER, being called as a witness on behalf of the returned Member, was 
examined, and testified as follows: 

That he is the township clerk of Dover Township, Lenawee County and State of 
Michigan. That the ballots used at the November 7, 1916, election are in the box 
he produces here. That on or about the 1st day of February, 1917, the box was deliv- 
ered to him by Burton S. Moore, who was township clerk prior to that date. That 
at the time the box was delivered to him it was properly sealed, and is in the same 
condition at this time. That he knows absolutely that the box has not been opened 
by anybody since it was delivered to him. That the box has been kept in the town 
hall of said township since he received it. 

Mr. Brown. The poll book of Dover Township contains the names of 319 persons. 
The return of the election inspections shows that only 317 ballots were counted on 
opening the box. A recount of the ballots found in the box resulted as follows: 

Mark R. Bacon received 151 

Samuel W. Beakes received 157 

Frank E. Titus received 4 

No choice 3 

Edward J. Koch 

Total ■ 315 

Ridgeway Township, Lenawee County. 

CHARLES F. BROWN, being called as a witness on behalf of the returned Member, 
was examined, and testified as follows: 

That he is the township clerk of Ridgeway Township, county of Lenawee and State 
of Michigan, and became such township clerk on or about the 5th day of April, 1917. 
That at that time the box containing the ballots used in said township at the November 
7, 1916, election were delivered to him by his predecessor in office, and that the box 
which he produces here is the same box he received at that time and contains the 
ballots so used. That at the time he received said box it was not locked, but was 
sealed, and was in the same condition as at this time. That he knows absolutely 
that the box has not been opened by anybody since it came into his possession. That 
the box has been kept in a room in the town hall of said township, in the village of 
Britton. That his predecessor in office had the key to the box and delivered it to 
him at the time he became clerk. That he is informed by his predecessor in office 
that the seal used on the box has been kept in another box, the key to which was 
delivered to witness at the same time he received the box. 



BEAKES VS. BACON. 215 

Mr. Miller. It is agreed that both parties reser\'e the right to make any objection 
based upon the improper preservation of the ballots in the preceding box. 

Mr. Brown. I object to a recount of the ballots in the township of Ridgeway for 
the reason that the ballots have not been properly preserved and guarded since elec- 
tion, according to law, and for the further reason that there is no specification in the 
answer of the returned member of any error or irregularity' in the official count of the 
ballots in this township; and for the "further reason that upon opening the ballot box 
claimed to contain the ballots cast in this township at the November. 1916, election 
for the office of Representative in Congress that 352 ballots were found in the ballot 
box and the poll book contained the names of only 350 persons as voting. 

Contestant's Exhibit 1 is an uninitialed ballot found in the box of Ridgway Town- 
ship with the balance of the ballots. 

Mr. Miller. In the township of Ridgeway it is agreed that the ballots now in the 
box on recount show as follows: 

Mark R. Bacon received 190 

Samuel W. Beakes received 139 

Frank E. Titus received 6 

Edward J. Koch received 

No choice. 15 

Contestant's exhibits 2 

Total 352 

Cavibridge Township, Lenawee County. 

LOUIS R. CONNER, being called as a witness on behalf of the retiu-ned Member, 
was examined, and testified as follows: 

That he is the township clerk of Cambridge Township, County of Lenawee and State 
of Michigan, and was appointed such clerk on or about the 14th day of January, 1917. 
That about the 1st day of February thereafter he received from his predecessor in 
office the ballot box used at the November 7, 1916, election in said township, which 
is the same box he produces here, and that said box contains the ballots cast at said 
election. That at the time he received the box it was sealed, and the box has not 
been opened by anybody since it came into his possession. That the box has been 
kept at his house since he received it. That he has been informed by his predecessor 
that the box was in the same condition at the time it was delivered to witness as it 
was when he received it immediately after election. Witness fmlher states that he 
was a member of the election board of said township at the time said election was 
held and helped place the seal upon the box. 

ilr. ^Iiller. In the township of Cambridge, it is agreed that the ballots now in the 
box on recount show as follows: 

Votes. 

Mark R. Bacon received 119 

Samuel W. Beakes received 187 

Frank E. Titus received 7 

Edward J. Koch received 1 

No choice 11 

Returned Member's exhibits 3 

Total 328 

City of Adrian, Lenawee County. 

JOHN MAWDSLEY, being called as a witness on behalf of the retm-ned Member, 
was examined and testified as follows: 

That he was the city clerk of the city of Adrian, county of Lenawee, and State of 
Mchigan, during the entire year 1916 and until the 9th day of April, 1917. That the 
ballots used in fhe first, second, third, fouith, fifth, and sixth precincts in the city 
of Adrian at the November 7, 1916, election were delivered to him immediately after 
election, together -nith the keys to the several boxes. That the boxes were properly 
sealed and In the same condition as at the present time." That since said election 
they have been kept in a locked room in the city hall in the city of Adrian, under 
his "charge. That he knows absolutely that said boxes were not opened by anybody 
dming the time they were in his possession. 



216 BEAKES VS. BACON". 

G. PERCY LOVE, being called as a witness on behalf of the returned Member, 
was examined and testified as follows: 

That he is the city clerk of the city of Adrian, county of Lenawee, and State of 
Michigan, and has been such clerk since the 9th day of April, 1917. That on said 
date the ballot boxes above referred to, together with the keys to the same, were 
delivered to him by John Mawdsley, his predecessor in office, and have been in his 
possession since that time. That the boxes are in the same condition now as they were 
when he received them, and that he knows absolutely that said boxes have not been 
opened by anybody since he received them. 

Mr. Miller. In the first precinct of the city of Adrian, it is agi'eed that the ballots 
now in the box on recount show as follows : 

Votes. 

Mark R. Bacon received 145 

Samuel W. Beakes received : 203 

Frank E. Titus received 8 

Edward J. Koch received 6 

No choice 6 

Contestant's exhibit 1 

Total.; 369 

Mr. Miller. In the second precinct of the city of Adrian, it is agreed that the 
ballots now in the box on recount show as follows: 

Votes. 

Mark R. Bacon received 234 

Samuel W. Beakes received 239 

Frank E. Titus received 13 

Edward J. Koch received 

No choice 16 

Contestant's exhibit 1 

Returned Member's exhibits 3 

Total 506 

Adrian Township, Lenawee County. 

JOHN SPIELMAN, being called as a witness on behalf of the returned M^nber, 
was examined and testified as follows : 

That he is the township clerk of Adrian Township, county of Lenawee and State Qf 
Michigan. That at the time of the November 7, 1916, election he was confined in a 
hospital and did not attend the election. That the box containing the ballots used 
in said township at that election is the box he produces here, and has been kept in 
the town hall in said township since that time. That at the time of the election the 
key to the box was delivered to the supervisor of the township, who in turn dehvered 
the key to witness on April 24, 1917. That at the time the box was dehvered to him 
it was locked, but the lock was not sealed, and a seal was placed over the opening 
through which ballots were deposited. That the box is in the same condition at this 
time as when first delivered to him. 

Mr. Miller. In the township of Adrian, it is agreed that the ballots now in the box 
on recount show as follows : 

Votes. 

Mark R. Bacon received 150 

Samuel W. Beakes received 158 

Frank E. Titus received 10 

Edward J. Koch received 1 

No choice 9 

Contestant's exhibits 2 

Total 330 

Rome Township, Lenawee County. 

BRADFORD L. SEAGER, being called as a witness on behalf of the returned 
Member, was examined and testified as follows: 

That he is the township clerk of Rome Township, county of Lenawee and State of 
Michigan. That the ballots used at the November 7, 1916, election are in the box 
he produces here. That the box, after the election, was sealed up and delivered to 



BEAKES VS. BACOlir, 217 

him as soon as it was sealed. That the box has been kept by him in his home since 
that time, and he kno'^s absolutely that it has not been opened by anybody since 
he received it. That the box is properly sealed at this time. 

Mr. Miller. In the township of Rome, it is agi'eed that the ballots now in the box 
on recount show as follows : 

Votes. 

Mark R. Bacon received 124 

Samuel W. Beakes received 162 

Frank E. Titus received 3 

Edward J. Koch received 

No choice 7 

Returned Member's exhibit 1 

Total 297 

]Mr. Miller. In the third precinct of the city of Adrian, it is agreed that the ballots 
now in the box on recount show as follows: 

Votes. 

Mark R. Bacon received 252 

Samuel W. Beakes received 214 

Frank E. Titus received 4 

Edward J. Koch received 3 

No choice 11 

Returned Member's exhibits 2 

Contestant's exhibit 1 

Total 487 

Franklin Township, Lenawee County. 

JOHN A. RUESINK, being called as a witness on behalf of the returned Member, 
was examined and testified as follows: 

That he is the townhip clerk of Franklin To wnsship, county of Lenawee and State of 
Michigan. That the ballots used at the November 7, 1916, election are in the box he 
produces here. That the box was sealed up immediately after the election and de- 
livered to him, and has been kept in the township hall in the village of Tipton, in said 
township, since that time. That the box is in the same condition at this tirne as when 
he received it, and he knows absolutely that it has not been opened by anybody since 
it was delivered to him. 

Mr. Miller. In the township of Franklin, it is agreed that the ballots now in the 
box on recount show as follows: 

Votes. 

Mark R. Bacon received ■ 186 

Samuel W. Beakes received 102 

Frank E. Titus received 1 

Edward J. Koch received 

No choice 13 

Total 302 

Blissfield Township, Lenawee County. 

RALPH E. FLETCHER, being called as a witness on behalf the returned Member, 
was examined and testified as follows: 

That he is the township clerk of Blissfield Township, county of Lenawee and State 
of Michigan. That the ballots used at the November 7, 1916, election are in the box 
he produces here. That the box was properly sealed immediately after election and 
delivered to him, and has been kept in his store since that time. That he knows 
absolutely that the box has not been opened by anybody since it was sealed and de- 
livered to him, and it is in the same condition now as it was at that time. 

Mr. Miller. In the township of Blissfield it is agreed that the ballots now in the box 
on recount show as follows: 

Votes. 

Mark R. Bacon received 341 

Samuel W. Beakes received .• 209 

Frank E. Titus received 19 

Edward J. Koch received 1 



218 BEAKES VS. BACON. 

Votes. 

No choice 13 

Returned Member's exhibit 1 

Contestant's exhibit 2 

Total 586 

Ogden Township, Lenawee County. 

STEPHEN J. STEVER, being called as a witness on behalf of the returned Mem- 
ber, was examined and testified as follows: 

That he is the township clerk of Ogden Township, county of Lenawee, and State of 
Michigan. That the ballots used at the November 7, 1916, election are in the box he 
produces here. That the box was sealed up immediately after the election and de- 
livered to him, and has been in his possession since that time, in the town hall of said 
township. That the box is in the same condition at this time as when he received it, 
and he is positive that it has not been opened by anybody since that time. 

Mr. Miller. In the township of Ogden it is agree that the ballots now in the box on 

recount show as follows: 

Votes. 

Mark R. Bacon received - 210 

Samuel W. Beakes received 138 

Frank E. Titus received : 15 

Edward J. Koch received 1 

No choice 8 

Contestant's exhibits 1 

Total - 373 

Rollin Township, Lenawee County. 

HERBERT B. RICE, being called as a witness on behalf of the returned Member, 
was examined and testified as follows: 

That he is the township clerk of Rollin Township, county of Lenawee, and State of 
Michigan. That the ballots used at the November 7, 1916, election in the first and 
second precincts in said township are in the boxes he produces here. That both boxes 
were sealed up immediately after election and delivered to him, and have been kept 
in the town hall in said township, in his charge, since that time, and are in the same 
condition now as when he received them. That he knows absolutely that neither of 
the boxes have been opened by anybody ^nce he received them. 

Mr. Miller. In the second precinct of Rollin Township, it is agreed that the ballots 

now in the box on recount show as follows: 

Votes. 

Mark R. Bacon received 72 

Samuel W. Beakes received 30 

Frank E. Titus received 3 

Total 105 

Mr. Miller. In the first precinct of Rollin Township it is agreed that the ballots now 

in the box on recount show as follows: 

Votes. 

Mark R. Bacon received 139 

Samuel W. Beakes received 142 

Frank E. Titus received 4 

Edward J. Koch received - 

No choice ■'-1 

Total 296 

Riga Township, Lenawee County. 

GEORGE D. NACHTRIED, being called as a witness on behalf of the returned 
Member, was examined and testified as follows: 

That he is the township clerk of Riga Township, county of Lenawee and State of 
Michigan. That the ballots used at the November 7, 1916, election are in the box he 



BEAKES VS. BACON. 219 

produces here. That the box, after the election, was sealed uj) and delivered to him 
immediately, and has been kept by him in the town hall in said township since that 
time. That the seal on the box became broken in bringing it to Adrian, but was in 
proper shape at the time he got the box to bring here. That he knows absolutely that 
the box has not been opened by anybody since it was sealed and delivered to him. 

Mr. Miller. In the township of Riga, it is agreed that the ballots now in the box on 
recount show as follows: 

Vbtes. 

Mark R. Bacon received 195 

Samuel W. Beakes received 162 

Frank E. Titus received 3 

Edward J. Koch received 5 

No choice 21 

Returned Member's exhibits 2 

Total 388 

Mr. Brown. The poll book for Riga Township shows a total of 390 ballots cast, while 
the box contained only 388 ballots on recount. 

Hudson Township, Lenawee County. 

CLYDE L. LOWE, being called as a witness on behalf of the returned Member, was 
examined and testified as follows: 

That he is the township clerk of Hudson To\vnship, county of Lenawee and State of 
Michigan. That the ballots used at the November 7, 1916, election in the first and 
second precincts of Hudson Township are in the boxes for the respective precincts 
which he produces here to-day. That both boxes were sealed and delivered to him 
immediately after election, and have been kept in his charge in the town hall in said 
toA^Tiship since that time, and are in the same condition now as when received by him. 
That he knows absolutely that neither box has been opened by anybody since they 
were delivered to him. 

Mr. Miller. In the first precinct of Hudson Township it is agreed that the ballots 
now in the box on recount show as follows: 

Mark R. Bacon received 96 

Samuel W. Beakes received 95 

Frank E. Titus received 1 

Edward J. Koch received 

No choice 5 

Returned Member's exhibits 2 

Total 199 

Mr. Miller. In the second precinct of Hudson Township, it is agreed that the 
ballots now in the box on recount show as follows: 

Mark R. Bacon received • 34 

Samuel W. Beakes received 83 

Frank E. Titus received 1 

Edward J. Koch received 

No choice - 2 

Total 120 

Mr. ]\Iiller. In the fourth precinct of the city of Adrian, it is agreed that the 
ballots now in the box on recount show as follows: 

Mark R. Bacon received 122 

Samuel W. Beakes received 168 

Frank E. Titus received 4 

Edward J. Koch received 8 

No choice 14 

Returned Member's exhibits 1 

Contestant's exhibits 1 

Total...' 318 



220 5EAKES VS. BACOl^. 

Seneca Township, Lenawee County. 

LEO BAKER, being called as a witness on behalf of the returned Member, was 
exanoined and testified as follows: 

That he is the township clerk of the township of Seneca, county of Lenawee, and 
State of Michigan. That the ballots used at the November 7, 1916, election are in the 
boxes for the first and second precincts of said township, which he produces here 
to-day. That the boxes were sealed and delivered to him immediately after election 
and have been in his possession since that time. That he has also had possession of 
the seals used and the keys belonging to the boxes for both precincts, except that the 
keys have since been lost by him and he does not know at this time where they are. 

Mr. Miller. The returned member declines to recount the ballots in Seneca Town- 
ship for the reason they have not been properly preserved in accordance with the 
election laws of the State of Michigan. 

Mr. Miller. In the fifth precinct of the city of Adrian, it is agreed that the ballots 
now in the box on recount show as follows: 

Mark R. Bacon received 187 

Samuel W. Beakes received — 276 

Frank E. Titus received 4 

Edward J. Koch received 4 

No choice 18 

Contestant's exhibits . , ^ 2 

Total 491 

Mr. Miller. In the sixth precinct of the city of Adrian, it is agreed that the ballots 
now in the box on recount show as follows: 

Mark R. Bacon received 278 

Samuel W. Beakes received 326 

Frank E. Titus received 1 

Edward J. Koch received 6 

No choice 16 

Total 627 

We agree that the foregoing depositions, consisting of 18 pages, is a true transcript of 
the proceedings taken before Glenn L. Williams, a notary public in and for the county 
of Lenawee, Mich., on April 25 and 26, 1917, on behalf of the returned member, pur- 
suant to the stipulation prefixed to said depositions; and that the exhibits attached 
to said depositions are the original exhibits, and are marked on the front thereof as 
such exhibits, and signed by Glenn L. WilHams, notary public. 
Dated at Adrian, Mich., April 26, 1917. 

Arthur Brown, 
Attorney for Contestant. 
Guy a. Miller, 
Attorney for Returned Member. 

STIPULATION. 

It is stipulated that proof of the official character of the notary before whom the 
foregoing depositions were taken need not be made, and that the signature of the 
testimony of the respective witnesses be dispensed with. 
Dated at Adrian, Mich., April 26, 1917. 

Arthur Brown, 
Attorney for Contestant. 
Guy a. Miller, 
Attorney for Returned Member. 



BEAKES VS. BACON. 



221 



Wards and townships. 



Names of clerks. 



Miles. 


Mileage 


Days. 


Fees. 


1 


$0.05 


1 


W.75 


2 


.10 


1 


.75 


12 


.60 


1 


.75 


15 


.75 


1 


.75 


15 


.75 


1 


.75 


14 


.70 


1 


.75 


7 


.35 


1 


.75 


12 


.60 


1 


.75 


9 


.45 


1 


.75 


20 


1.00 


1 


.75 


20 


1.00 


1 


.75 


20 


1.00 


1 


.75 


4 


.20 


1 


.75 


20 


1.00 


1 


.75 


12 


.60 


1 


.75 


6 


.30 


1 


.75 


7 


.35 


1 


.75 


16 


.80 


1 


.75 


12 


.60 


1 


.75 ■ 


15 


.75 


1 


.75 


15 


.75 


1 


.75 


44 


2.20 


2 


1.50 


10 


.50 


1 


.75 


22 


1.10 


1 


.75 



Total. 



City of Adrian: 

First precinct 

Second precinct 

Third precinct 

Fourth precinct 

Fifth precinct 

Sixth precinct 

Town of — 

Adrian 

Blissfield 

Cambridge 

Clinton 

Deerfield 

Dover 

Fairfield — 

First precinct . . 

Second precinct 

Franklin 

Hudson- 
First precinct . . 

Second precinct 
City of Hudson: 

" First ward 

Second ward 

Third ward 

Town of — 

Macon 

Madison 

Medina 

Ogden 

Palmyra 

Raisin 

Ridgeway 

Riga 

Kollin— 

First precinct . . 

Second precinct 

Rome 

Seneca — 

First precinct . . 

Second precinct 
Tecumseh — 

First precinct . . , 

Second precinct 
Woodstock — 

First precinct . . 

Second precinct 

Third precinct . . 



G. Percy Love. 



John Spielman 

Ralph E. Fletcher. . 
Louis R. Conner. . . 
Frank O. Fabrique. 

J. B. Carter 

Roy Fischer 



}Edson C. Breese. 
John A. Ruesink. 



■Clyde L. Lowe. 



■Fred P. George. 



William Allen 

WillR. Bradish 

V. B. Colgrove 

Stephen J. Stever 

Joseph A. Wyatt 

William P. Rainey... 

Charles F. Brown 

George D. Nachtrieb . 



•Herbert B. Rice 

Bradford L. Seager. 



Leo Baker. 



} 

>Hugh Hanna, jr. 



■D. C. Lewis. 



$0.80 



.85 
1.35 
L50 
1.50 
1.45 
1.10 

1.35 
1.20 



1.75 
.95 
1.75 
L35 
1.05 
1.10 
1.55 
1.35 

1.50 
1.50 



1.25 



1.85 



On this 26th day of April, 1917, I hereby ascertain that the witness called and who 
testified before me on the 25th and 26th days of April, 1917, in the contested election 
case of Samuel W. Beakes, contestant, v. Mark R. Bacon, returned Member, are 
entitled to witness fees as set forth on the preceding page, and I certify said amounts 
to be correct. 

Glenn L. Williams, 
Notary Public, Lenawee County, State of Michigan. 

My commission expires August 27, 1919. 

On this 26th day of April, 1917, I hereby certify that the fees for taking the fore- 
going depositions, attaching exhibits thereto, and returning same, are as follows: 

70 folios, at 10 cents per folio - $7. 00 

Receiving, marking, and returning 43 exhibits, at 13 cents each 5. 59 

Taking depositions and returning same 2. 05 

Total 14. 90 

Glenn L. Williams, 
Notary Public, Lenawee County, State of Michigan. 

My commission expires August 27, 1919. 

State or Michigan, County of Lenawee, ss: 

I, Herbert B. Knowles, clerk of the county of Lenawee and of the circuit court 
thereof, the same being a court of record, and having a seal, do hereby certify that I 
have compared the foregoing copy of election record of Representative in the second 



222 



BEAKES VS. BACOlSr. 



district held at the general election on November 7, 1916, with the original record 
now remaining in my office, and I have found the said copy a correct transcript there- 
from, and of the whole thereof. 

In testimony whereof I have hereunto set my hand and affixed the seal of said circuit 
court this 24th day of April, A. D. 1917. 

[seal.] Herbert B. Knowles, Cleric. 

Statement of votes given in the several townships and wards in the county of Lenawee, 

State of Michigan. 



Wards and townships. 



Representative in Congress, second district. 



Mark R. 
Bacon. 



Samuel W. 
Beakes 



Edward 
J. Koch. 



Frank E. 
Titus. 



Thornton 
Dixon 



Whole 
number 

of 
votes. 



City of Adrian: 

First precinct 

Second precinct 

Third precinct 

Fourth precinct 

Fifth precinct 

Sixth precinct 

Town of— 

Adrian 

Blissfleld 

Cambridge 

Clinton 

Deerfield 

Dover 

Fairfield — 

First precinct . . 

Second precinct 

Franklin 

Hudson — 

First precinct . . 

Second precinct 
City of Hudson — 

First ward 

Second ward 

Third ward 

Town of — 

Macon 

Madison 

Medina 

Ogden 

Palmyra 

Raisin 

Ridgeway 

Riga 

Rollin— 

First precinct . . 

Second precinct 

Rome 

Seneca- 
First precinct . . 

Second precinct 
Tecumseh — 

First precinct . . 

Second precinct 
Woodstock — 

First precinct . . 

Second precinct 

Third precinct . 

Total 



150 
240 
259 
124 
190 
282 

151 
345 
121 
225 
132 
153 

115 
92 

188 

96 
34 

61 
166 
109 

182 
155 
182 
210 
162 
117 
191 
195 

144 
72 
124 



161 

258 

35 
53 
80 



204 
235 
216 
171 
272 
326 

159 
211 
186 
164 
193 
155 

137 
114 

102 

95 

83 



131 

118 

92 
140 
152 
138 
195 
183 
143 
163 

141 
32 
162 

278 
135 

150 
180 



46 



365 
486 
480 
306 
473 
613 

319 
575 
315 
398 
330 
315 

253 
210 
291 

192 
118 

127 
302 
246 

275 
302 
336 
362 
359 
307 
340 
367 

2S9 
105 
289 

572 
226 

317 
446 

117 
137 
127 



5,935 



5,826 



150 



11,987 



General Exhibit 1. — Glenn L. Williams, Notary Public. 



At the general election held on Tuesday, the 7th dav of November, in the year 1916, 
The whole number of votes given for said office of Representative in Congress, sec- 
ond district, was 11,987, and they were given for the following persons, viz: 

Mark R. Bacon received 5, 935 

Samuel W. Beakes received 5, 826 

Edward J. Koch received 75 

Frank E. Titus received 150 

Thornton Dixon received 1 



BEAKES VS. BACOlSr. 223 

State of Michigan, County of Lenawee, ss: 

We do hereby certify that the foregoing is a correct statement of the votes given 
in the several townships and wards of the said county of Lenawee, in said State of 
Michigan, for Representative in Congress, second district. 

At the general election held in said county of Lenawee on Tuesday, the 7th day 
of November, in the year 1916. 

Dated at Adrian, this 22d day of November, A. D. 1916. 

L. A. Porter, 
Chairman of Board of County Cvanassers. 
Attest: 

Herbert B. Knowles, 
Secretary of the Board of County Canvassers. 

Contestant's Exhibits Nos. 1, 2, and 3, Official Ballots, Third Ward, Hudson — 
Glenn L. Williams, Notary Public. 

[Omitted in printing.] 

Returned Member's Exhibit No. 1, Official Ballot, Palmyra Township — 
Glenn L. Williams, Notary Public 

[Omitted in printing.] 

Contestant's Exhibit No. 1, Official Ballot, Palmyra Township — Glenn L. 
Williams, Notary Public 
[Omitted in printing.] 

Returned Member's Exhibit No. 1, Official Ballot, Medina Township — 
Glenn L. Williams, Notary Public 

[Omitted in printing.] 

Contestant's Exhibit No. 1, Official Ballot, Medina Township — Glenn L. 
Williams, Notary Public. 
[Omitted in printing.] 

Contestant's Exhibit No. 1, Official Ballot, First Precinct, Tecumseh Town- 
ship — Glenn L. Williams, Notary Public] 

[Omitted in printing.] 

Returned Member's Exhibits Nos. 1, 2, and 3, Official Ballots, Second Pre- 
cinct, Tecumseh Township — Glenn L. Williams, Notary Public 

[Omitted in printing.] 

Contestant's Exhibit No. 1, Official Ballot, Second Precinct, Tecumseh 
Township — Glenn L. Williams, Notary Public 

[Omitted in printing.] 

Returned Member's Exhibits Nos. 1 and 2, Official Ballots, Clinton Town- 
ship — Glenn L. Williams, Notary Public 

[Omitted in printing.] 

Contestant's Exhibits Nos. 1 and 2, Official Ballots, Ridgeway Township — 
Glenn L. Williams, Notary Public. 

[Omitted in printing.] 

Returned Member's Exhibits Nos. 1, 2, and 3, Official Ballots, Cambridge 
Township — Glenn L. Williams, Notary Public 

[Omitted in printing.] 

Contestant's Exhibit No. 1, Official Ballot, First Precinct, Adrian — Glenn 
L. Williams, Notary Public. 

[Omitted in printing.] 



224 BEAKES VS. BACON. 

Contestant's Exhibit No. 1, Official Ballot, Second Precinct, Adrian — 
Glenn L. Williams, Notary Public. 

[Omitted in printing.] 

Returned Member's Exhibits Nos. 1. 2, and 3, Official Ballots, Second Pre- 
cinct, Adrian — Glenn L. Williams, Notary Public. 

[Omitted in printing.] 

Contestant's Exhibits Nos. 1 and 2, Official Ballots, Adrian Township — 
Glenn L. Williams, Notary Public. 

[Omitted in printing.] 

Returned Member's Exhibits Nos. 1 and 2, Official Ballots, Third Precinct, 
Adrian — Glenn L. Williams, Notary Public. 

[Omitted in printing.] 

Contestant's Exhibit No. 1, Official Ballot, Third Precinct, Adrian — 
Glenn L. Williams, Notary Public. 

[Omitted in printing.] 

Returned Member's Exhibit No. 1, Official Ballot, Rome Township — Glenn L. 
Williams, Notary Public. 
[Omitted in printing.] 

Returned Member's Exhibit No. 1, Official Ballot, Blissfield Township — 
Glenn L. Williams, Notary Public. 

[Omitted in printing.] 

Contestant's Exhibits Nos. 1 and 2, Official Ballots, Blissfield Township — 
Glenn L. Williams, Notary Public. 

[Omitted in printing.] 

Contestant's Exhibit No. 1, Official Balllot, Ogden Township — Glenn L. 
Williams, Notary Public. 
[Omitted in printing.] 

Returned Member's Exhibits Nos. 1 and 2, Official Ballots, Riga Township — 
Glenn L. Williams, Notary Public. 

[Omitted in printing.] 

Returned Member's Exhibits Nos. 1 and 2, Official Ballots, First Precinct, 
Hudson Township — Glenn L. Williams, Notary Public. 

[Omitted in printing.] 

Returned Member's Exhibit No. 1, Official Ballot, Fourth Precinct, Adrian- 
Glenn L. Williams, Notary Public. 

[Omitted in printing.] 

Contestant's Exhibit No. 1, Official Ballot, Fourth Ward, Adrian — GlenN L. 
Williams, Notary Public. . 
[Omitted in printing.] 

Contestant's Exhibits Nos. 1 and 2, Official Ballots, Fifth Precinct, Adrian — 
Glenn L. Williams, Notary Public. 

[Omitted in printing.] 



INDEX. 



Notice of contest I 3-7 

Answer, to notice of contest 8-9 

Return of notice of service on contestee 7 

Appearances for contestant: 

Brown, Arthur 12, \ 

18, 23, 24, 32, 35, 65, 67, 72, 114, 130, 141, 151, 161, 165, 180, 195, 211 \ 

Cobb, W. S 12, 18, 23, 24, 32, 35, 46 * 

Appearances for contestee: 

Miller, Guy A 12, 18, 23, 24, 32, 35, 46, 65, 72, 195, 211 

Root, Jesse H 114 

Sawyer, Andrew J 67, 130, 141, 151, 161, 165, 180 ■ 

Copy of restraining order and sheriff's return 209-210 

Counting of ballots in township of Pittsfield 68 

Counting of ballots of first precinct, second ward, city of Jackson 24 

Examination of inspectors of election in first precinct of second ward 51-62 

Notary's subpoenas 10-11, 64, 69, 72, 122, 

123, 124, 125, 128, 129, 139, 140, 149, 150, 151, 160, 164, 177, 178, 179, 208 

Return of service of subpoenas 10, 

11, 64, 123, 124, 125, 126, 128, 129, 140, 151, 160, 164, 177, 178, 179, 208 

Notice of taking depositions 10, 63, 69, 71, 130, 141, 151, 160, 163, 176 

Returns of notice to take depositions 10, 64, 69, 71, 130, 141, 151, 160, 164, 177 

Officers before whom depositions were taken : 

Allen. James S 11, 72, 164, 179 

Cole, Frank C 67 

Connollv, Bertrand D : 195 

Laird, William M 130, 141, 151, 160 

Taylor, James R 64 

Williams, Glenn L 211 

Zabel, J. Golden 114 

Opening of ballot boxes used in townships of Monroe, Erie, La Salle, Berlin, 

Frenchtown, Ash, and city of Monroe -.-.--■: 117-118 

Opening of ballot boxes used in townships of Raisinville, Whiteford, Ida, 

London, Bedford, Fxeter, Summerfield, Dundee, and Milan 120-121 

Statement of votes given in several townships and wards in the counties of ' 

Monroe and Lenawee 122, 222 

Stipulation 12, 65, 67, 68, 72, 114, 130, 131, 132, 

133, 134, 135, 136, 137, 141, 142, 143, 144, 145, 146, 147, 148, 152, 153, 154, 
155, 156, 157, 158, 161, 162, 165, 166, 167, 168, 169, 170, 171, 172, 173, 180, 
181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 196, 220 

Testimony for contestant 10-127 

Testimony for contestee 128-220 

96694—17 15 225 



226 



INDEX. 



Witnesses for contestant: Page. 

Barckus, Charles F.. 20-23,28-30,38 

Barnes, Carey A 76-80, 83, 89, 90 

Barnes, Frank 119-120 

Billman, Gifford N 30-32 

Binning, Jay 12-14 

Birmley, R. S 80-82 

Bond, Louie 119 

Braun, Clarence M. . . 92-93, 101, 105 

Brown, Arthur 102 

Dailey, Albert L. 91-92, 101, 108, 109 

O'Domling, William 118 

Geiermann, Jacob H 114-115 

Gilday, William E 116 

Gillhouse, A. L 119 

Havens, Arthur F 24-25 

Hoffman, Leo F. . : 120] 

Jacka, Edwin 84-85, 86 

Janney, Clarence 120 

Kampmueller, Carl 120 

Kight, Thomas H 105 

Kight, Thompson H 18-19 

Kipf, Fred T 116-117 

Klotz, Joseph 88-89 

Kurtz, Otto C 119 

Labeau, Albert 115 

Labo, Edward 117 

La Pointe, Samuel S 115-116 

Lewis, Fred N 32-38 

McVay, Edward A. . 97-100, 101, 112 

Marriott, Henry 51 

Melville, Edward J 94- 

97, 101, 109-111 

Partlen, John A 117 

Reber, John 118-119 

Reiser, Christ 115 

Ritter, A. M 119 

Russell, Frank B 93- 

94, 101, 102, 106-108 

Seid, William 82-83 

Simpson, Robert. 84, 85, 86-88, 89-90 

Stibor, Fred 116 

Van Camp, George E 14, 

19-20, 25-28 

Vedder, Clifton H 14-17, 73-76 

Walker, Samuel L 17-18 

Weiss, Edward C 115 

Zeigin, Daniel M.. 39, 102-104, 111-112 

Witnesses for contestee: 

Alber, George F '. 155 

Allen, William 212 

Anderson, Herbert A 181 

Anderson, James G 187 

Andrews, Fred M 188 

Baker, Leo 220 

Banister, A. C 180 

Bates, Jarhes C 193 

Bertke, Bernard . ^ 134 

Birkle, Jacob 146 

Blvthe, Claue 144 

Bondie, Thomas 204-205 

Breese, Edson C 213 

Broesamle, Frederick G 152 

Brown, Charles F 214 

Bryant, Floyd 197-198 

Burdeno, J. Frederick 195 

Burnham, Fred J 204 



Witnesses for contestee — Contd. Page. 

Butler, Olney S 154 

Chamberlain, Lewis 158 

Choate, Leamon L 192 

Clark, Charles 143 

- Clark, Jackson B 195 

Cole, Frank C 137 

Colgrove, V. B 212 

Conner, Louis R 215 

Court, James 157 

Covert, John C 189 

Crafts, W. K 192 

Crippen, George 157 

Crum, Bruce J 192 

Damen, Sumner 162 

Davis, Norman M 192 

Dawson, John 133 

Dresselhouse, John W 155 

Eckerson, Wilbur E 186 

Eiseman, Emanuel M 131 

Every, William H 135 

Fabrique. Frank 214 

Fehlig, FredF 205 

Fenn, E.J 184 

Fischer, Roy 214 

Folks, Lee.". 190 

Foster, Lewis F 186 

Frebes, Leonard 206 

Gale, Harmon 147 

Gensley , Herman A 146 

George, Fred P 211 

Godfrey, Irving J 184 

Gotts, iPeter 202-203 

Gross, Herman G 142 

Haist, Fred C 131 

Hanna, Hugh, jr 212 

Harvev, Herbert 181 

Hay, Charles V 187 

Jedele, Jacob 153 

Johnson, Robert 198 

Keeler, George L 187 

Keith, Jay 153 

Kempf , George W 144 

Kennedy, Byron A 182 

Kight, T. H 170 

Lam kin, RoUand C 133 

Lawson, John 154 

Lee, Ralph A 182 

Lezotte, Abel N 200-210 

Love, G. Percy 216 

Lovitt, Thomas 185 

• Lowe, Clyde L 219- 

Luckhardt, Waiter 135 

McClumpha, Chfford E 196 

Madden, Gilbert 136 

Mawdsley , John 215 

Miller, Samuel 185 

Nachtiied, George D 218 

Neeley, Wilson J 189 

Nichol , W. Wallace 189 

Northrup, Arthur 203 

O'Brien, James 144 

Paul, Otto..- 136 

Peckham, B. F 184 

Pletcher, Ralph E 217 

Pratt, Willis C 187 

Preston. Frank 158 



INDEX. 



227 



Witnesses for contestee — Contd. Page. 

Radford . Fred W 181 

Rattenbiu-y. William J 206 

Raymond, Ernest 184 

Rice, Herbert B 218 

Richardson, J.N 188 

Roberts, Forest W 147 

Ruesink, John 217 

Samsen. Ralph G 206 

Savers, Owen J 189 

Scarborough, Fred 191 

Schaible, Adam 144 

Schenk, Emanuel 134 

Seager, Bradford L 216 

Seamans, Luman A 161 

Siblev, E. C 180 

Skinner, Ernest D 142 



Witnesses for contestee — Contd. Paga. 

Spielman, John 216 

Staebler , Charles F 137 

Stevens, Charles J 191 

Stever, Stephen, J 218 

Stiles, Lvman 196-197 

Tannar , Orville P 181 

Tefft, .Ai-thur 190 

Town, C. J 182 

Van Riper, J. W 152 

Vedder, Clifton H 165 

Walz, Joseph 193 

WatUng. Perry 161 

Webb, "Otis 143 

Wolf, George 203-204 

Woodard. Harrv L 182 

Wyatt. Joseph A 211 



EXHIBITS. 



Contestant's Exhibits Nos. 1, 2, and 3 42 

Contestant s Exhibit No. 4 43 

Contestant's Exhibits Nos. 5, 6, 7, 8, 17, 19, and 24, tally sheets, poll books, 

etc. (omitted in printing) 44 

Contestant 's Exhibit No. 25 ' 44 

Contestant's Exhibit No. 26, official ballot (omitted in printing) 45 

Contestant 's Exhilnt No. 27 46-51 

Contestant 's Exhibit No. 28 62 

Contestant's Exhibits Nos. 29 and 30 63 

Contestant's Exhilnt No. 1, copy of return of votes cast in second congres- 
sional district for Samuel W. Beakes and Mark E . Bacon 66-67 

Contestant's Exhibit No. 1, statement of votes given in the county of Wash- 
tenaw 70-71 

Exhibits Nos. 2, 3, and 4, official ballots (omitted in printing) 71 

Contestant's Exhibit, ballot identified by Witness Frank B. Kussell (omitted in 

printing ^ 113 

Contestant 's Exhibits Nos. 1, 2, and 3, official ballots, first precinct, eighth ward, 

city of Jackson (omitted in printing) 113 

Retm-ned Member's Exhibit No. 1, official ballot, first precinct, eighth ward, 

city of Jackson (omitted in printing) 113 

Returned ilember's Exhibit No. 1, official ballot, first precinct, Summit 

township, Jackson ( 'ounty (omitted in printing) 113 

Contestant's Exhibits, tally sheets, poll books, etc. (omitted in printing) 113 

Returned ^fember's Exhibit No. 2, poll book (omitted in printing^ 113 

Contestant's Exhibit (official ballots) No. 1, Ash Township; Nos. 1 and 2, Erie 
Township; Nos. 1. 2. 3, and 4, Exeter Township; No. 1, London Township; No. 1, 
first precinct, Milan; No. 1, Summerfield Township; No. 1, first precinct, 
Monroe; second ward, Monroe; Nos. 1. 2, 3, and 4, third precinct, Monroe; 

and Nos. 1 and 2. fourth precinct. Monroe (omitted in printing) 126-127 

Hetmned Memljer's Exhibits (official ballots) No. 1, Bedford Township; Nos. 

1 and 2, second precinct, Dundee; No. 1, first precinct Ida Township; No. 1, La 

Salle Township; No. 1, Raisin\dlle Township; Nos. 1 and 2. first precinct, 

"V* hitefcrd Tcv.nfhip; ar.d Ncs.1.2. srd 3, fist } iccirct. Mcnice (emitted in 

printing) 127-128 

Contestant's Exhibit (official ballots) No. 1, Freedom Township; No. 1, Augusta 

Township; and No. 1. Lima Township (omitted in printing) .' 139 

Returned ^Members' Exhibits (official ballots) Nos. 1. 2, and 3, Ann Arbor 
Township; Nos. land 2, Dexter Township; Nos. 1 and 2, Freedom Township; 
Nq,?. 1, 2, 3, 4, and 5. Augusta Township; and No. 1, Lima Township (omitted 

in printing) _. T 138-139 

Returned Member's exhibits (official ballots) in Salem. Lodi, Northfield, and 

Saline Townships (omitted in printing) 149 

Contestant's exhibits (official ballots) in Salem, Lodi, Lyndon, and Saline 

Townships (omitted in printing ) 149 

Retm-ned Mem1)pr's exhibits (official ballots) in Webster, Sharon, and Scio 

Townships (omitted in printing) 159 



228 INDEX. 

Contestant's exhibits (official ballots) in Sharon, York, Scio, and Sylvan Page. 
Townships (omitted in printing) 15<^ 

Returned Member's Exhibit No. 1 and Contestant's Exhibit No. 1, official 
ballots, Ypsilanti Township (omitted in printing) 163 

Table showing votes cast for Representative in Congress, second district, 

as canvassed by county canvassers 174 

Returned Member's exhibits, official ballots of various precints and wards, 

city of Jackson (omitted in printing) , 176 

Contestants' Exhibit No. 1, second precinct, sixth ward, city of Jackson, and 
exhibits, official ballots of various precincts and wards, city of Jackson (omitted 
in printing) 176 

Returned Member's exhibits, official ballots of various townships, Jackson 
County, and Exhibit No. 1, poll book (omitted in printing) 194 

Contestant's exhibit, official ballots of various townships, Jackson County 
(omitted in printing) ". 1 94 

Contestant's exhibits, official ballots, in Plymouth, Huron, and Sumpter Town- 
ships; in first, second, and third precincts, Ecorse Township; and in Brow- 
ster (omitted in printing) 210-211 

Returned Member's exhibits, official ballots, in Monguagon Township; in sec- 
ond and third precincts, Ecorse Township; and in Brownstown and Grosse 
He Townships 210-211 

General Exhibit No. 1 '. 222 

Returned Member's exhibits in Palmyra, Medina, Clinton, Cambridge, Tecum- 
seh, Cambridge, Adrian, Rome, Blissfield, Riga, and Hudso 1 Townships 
(omitted in printing) 223-224 

Contestant's exhibits in third ward, Hudson; in Palmyra and Medina Town- 
ships; in first and second precincts, Tecumseh Township; in Ridgeway 
Township; in first, second, third, and fifth precincts, Adrian; in Adrian, 
Blissfield, and Ogden; in fourth ward, Adrian (omitted in printing) 223-224 

o 



